HomeMy WebLinkAbout2. PLN-17-00143 10419 MorningSTAFF REPORT
PLANNING DIVISION
DATE: JANUARY 17, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: MONICA ESPARZA, SENIOR PLANNER
SUBJECT: TENTATIVE PARCEL MAP NO. 77188 (PLN-17-00143)
LOCATION: 10419 MORNING AVENUE
ZONING: R-1 7,500 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
Creative Advisory Services (hereinafter “the Applicant”) is requesting to subdivide two parcels to
create three lots for the future development of three (3) single-family residential dwelling units,
on property zoned R-1 7,500.
Downey Municipal Code Section 9923 states that the Planning Commission shall approve,
conditionally approve, or disapprove, the parcel map in accordance with Chapter 3, Article 5, of
the Subdivision Map Act. Based on the analysis contained in this report, staff is recommending
the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 77188 (PLN-17-
00143), THEREBY ALLOWING THE SUBDIVISION OF TWO PARCELS TO
CREATE THREE SINGLE-FAMILY RESIDENTIAL PARCELS, ON PROPERTY
LOCATED AT 10419 MORNING AVENUE, ZONED R-1 7,500 (SINGLE-
FAMILY RESIDENTIAL)
BACKGROUND
The subject site is located at 10419 Morning Avenue, located on the west side of Morning
Avenue, north of Farm Street, and south of Via Amorita. The area is zoned R-1 7,500 and the
site is completely surrounded by single-family residential development. The subject site is made
up of two lots, the eastern lot fronts Morning Avenue, while the western lot begins at the rear
property line of the eastern lot. These lots have a total area of 36,807 square feet. As
established, the western lot is land locked and undevelopable independently of the eastern lot.
The eastern lot, adjacent to Morning Avenue is developed with one (1) 3,418 square-foot single-
story house, built in 1953. An accessory structure in the rear sits on the property line and is
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developed onto the rear parcel along with a tennis court. There are two easements on these
lots; on the eastern lot, abutting Morning Avenue, is a five-foot-wide Southern California Edison
access easement that runs west for 140 feet along the northern property line and runs north and
south along the western property line. The second easement is located on the western lot and is
a five-foot-wide easement that runs north and south along the eastern property line for water
ditch or channel purposes. These easements do not affect the development of the site.
Aerial Photograph of 10419 Morning Avenue
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Street view of 10419 Morning Avenue
On August 21, 2017, the Applicant submitted an application for Tentative Parcel Map 77188 to
subdivide the two parcels into three parcels to accommodate the development of three single-
family residential dwelling units. The application was originally scheduled to be heard by the
Planning Commission on December 6, 2017; however, due to a redesign of the map, the
request was continued to a date uncertain. The revised application was reviewed by staff and
deemed complete on December 18, 2017. On January 4, 2018, 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.
DISCUSSION
The Applicant is proposing to subdivide the two (2) parcels, totaling 36,807 square-feet to create
three (3) separate parcels for the future development of three (3) single-family residential
dwelling units. The parcels will be accessible via a new private street. The size and shape of the
parcels are as follows:
Standard Minimum Requirements Proposed
Parcel 1 Parcel 2 Parcel 3
Gross Lot Area NA 15,489
s.f.
11,418
s.f.
9,739 s.f.
Net Lot Area 7,500 s.f. 9,931 s.f. 7,695 s.f. 7,579 s.f.
Lot Width 60 ft. 114.66
ft.
103.8 ft. 89 ft.
Lot Depth Conform to the avg. depth
(108.21 ft.)
135.1 ft. 109.6 ft. 109.6 ft.
Maximum Buildable
Structure Size
60% of net lot size 5,959 s.f. 4,617 s.f. 4,547 s.f.
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The proposed project will be accessible via a new, 36-foot-wide private street, pursuant to the
private street size standards. The 36-foot width allows 25-feet for two-way traffic, 10-feet along
the southern property line dedicated to parallel parking for 11 cars, and 6-inch curbs on both
sides of the street. In addition to the on-street parking, each residence is required to have a
minimum two-car garage, plus the width of the driveways will accommodate two additional cars.
Therefore, the subdivision can park approximately 23 cars without impacting street parking on
Morning Avenue. The width of the private street also allows for a designation fire-truck turn-
around. The fire-truck turnaround area will be painted red and have “No Parking” signs so as to
prevent guests and residents from blocking the fire-truck turnaround. Additionally, the northern
side of the street will be painted red, to allow access to two-way traffic along the street. The
future development of these lots will comply with the development standards of the R-1 7,500
zone and will, therefore, meet all setback, floor area, and height standards.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee reviewed the submitted application on September
7, 2017. The Planning Division previously had concerns regarding guest parking for the
proposed residences and how that may affect street parking on Morning Avenue. Following the
redesign of the map to accommodate the minimum width of the private street, these concerns
have been mitigated. Therefore, standard conditions of approval have been provided. No other
departments had any concerns.
ENVIRONMENTAL ANALYSIS
Staff has reviewed Tentative Parcel Map No. 77188 for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that
the proposed subdivision is exempt from CEQA pursuant to Section 15315 (Class 15, Minor
Land Divisions) which consists of the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are required, all
services and access to the proposes parcels to local standards are available, the parcel was not
involved in a division of a larger parcel within the previous two years, and the parcel does not
have an average slope greater than 20 percent.
FINDINGS
Pursuant to the requirements of the Downey Municipal Code, staff recommends that the
Planning Commission make the following findings to approve the request:
A. The proposed map is consistent with the General Plan.
Tentative Parcel Map No. 77188 is consistent with Goal 1.4 of the General Plan to
“Protect and enhance the residential neighborhoods.” This Goal seeks to promote
residential construction that complements existing neighborhoods and to promote home
ownership. The current use of these two parcels vastly underutilizes a large portion of
land that could be used to create more single-family homes and more opportunities for
homeownership within the City of Downey. Therefore, the subdivision of the land
provides additional opportunity to own a home within the City of Downey. Furthermore,
the width of the private street will mitigate potential parking impacts from these
residences, thus alleviating potential spillover parking on Morning Avenue.
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B. The site is physically suitable for the type and density of development.
The combined size of the two parcels is 36,807 square feet. Within the R-1 7,500 zone,
the minimum lot size required for a subdivision is 7,500 square feet. As such, these two
lots could accommodate four (4) parcels. However, the Applicant, with the intent of
lessening potentially negative aesthetic and traffic impacts, is proposing three (3)
parcels. The end result of this is a residential development that is less dense than the
Code allows, complete with access via a private street, where the houses do not look
like they are sitting side-by-side. Each residence will have its own sufficient yard space
that complies with the Downey Municipal Code.
C. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The subdivision and the proposed residential dwelling units will be constructed according
to the California Building Code and all other applicable state and federal codes and
therefore will not cause serious public health problems. The proposed project would be
completely self-sufficient with on-site parking available to guests of the future residences
on the proposed private street; therefore there are no foreseeable negative impacts on
public health.
D. 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 subdivision and development thereafter have been designed to not conflict with the
existing Southern California Edison easement and water channel easement. Currently,
the accessory structure blocks this Southern California Edison easement because there
is a structure that projects into the easement. Since the scope of work includes
demolishing the existing house, the subdivision and development thereafter will correct
this error in development. Therefore, the proposed project will not conflict with the
easements on the property.
CORRESPONDENCE
Staff received one email in opposition of this project and is attached to this report as Exhibit C.
CONCLUSION
Based on the analysis contained in this report, staff concludes that the proposed subdivision
complies with the requirements of the Subdivision Map Act. Staff recommends that the Planning
Commission adopt the attached resolution approving Tentative Parcel Map No. 77188 (PLN-17-
00143), allowing the subdivision of two parcels, located at 10419 Morning Avenue, to create
three (3) parcels for three (3) single-family residential dwelling units, subject to the conditions of
approval.
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EXHIBITS
A. Maps
B. Draft Resolution
C. Correspondence
D. Tentative Parcel Map No. 77188
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EXHIBIT A
Location Map
Aerial Photograph
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ZONING MAP
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RESOLUTION NO. 18-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 77188 (PLN-17-
00143), THEREBY ALLOWING THE SUBDIVISION OF TWO PARCELS TO
CREATE THREE SINGLE-FAMILY RESIDENTIAL PARCELS, ON PROPERTY
LOCATED AT 10419 MORNING AVENUE, ZONED R-1 7,500 (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. On August 21, 2017, an application was filed by Castrenze Lombardo (Creative
Advisory Services), requesting approval of Tentative Parcel Map No. 77188 to
subdivide two parcels into three parcels on property located at 10419 Morning
Avenue, Downey, California, zoned R-1 7,500; and,
B. On December 18, 2017, the application was deemed complete; and,
C. On January 4, 2018, 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. On January 17, 2018, the Planning Commission held a duly noticed public
hearing 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 Section No. 15315 (Class 15, Minor Land Divisions) which
consists of the division of property in urbanized areas zoned for residential, commercial, or
industrial use into four or fewer parcels when the division is in conformance with the General
Plan and zoning, no variances or exceptions are required, all services and access to the
proposes parcels to local standards are available, the parcel was not involved in a division of a
larger parcel within the previous two years, and the parcel does not have an average slope
greater than 20 percent.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. The proposed map is consistent with the General Plan. Tentative Parcel Map No. 77188
is consistent with Goal 1.4 of the General Plan to “Protect and enhance the residential
neighborhoods.” This Goal seeks to promote residential construction that complements
existing neighborhoods and to promote home ownership. The current use of these two
parcels vastly underutilizes a large portion of land that could be used to create more
single-family homes and more opportunities for homeownership within the City of
Downey. Therefore, the subdivision of the land provides additional opportunity to own a
home within the City of Downey. Furthermore, the width of the private street will mitigate
potential parking impacts from these residences, thus alleviating potential spillover
parking on Morning Avenue.
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Resolution No. 18-
Downey Planning Commission
PLN-17-00143 – 10419 Morning Avenue
January 17, 2018 - Page 2
B. The site is physically suitable for the type and density of development. The combined
size of the two parcels is 36,807 square feet. Within the R-1 7,500 zone, the minimum lot
size required for a subdivision is 7,500 square feet. As such, these two lots could
accommodate four (4) parcels. However, the Applicant, with the intent of lessening
potentially negative aesthetic and traffic impacts, is proposing three (3) parcels. The end
result of this is a residential development that is less dense than the Code allows,
complete with access via a private street, where the houses do not look like they are
sitting side-by-side. Each residence will have its own sufficient yard space that complies
with the Downey Municipal Code.
C. The design of the subdivision or type of improvements is not likely to cause serious
public health problems. The subdivision and the proposed residential dwelling units will
be constructed according to the California Building Code and all other applicable state
and federal codes and therefore will not cause serious public health problems. The
proposed project would be completely self-sufficient with on-site parking available to
guests of the future residences on the proposed private street; therefore there are no
foreseeable negative impacts on public health.
D. 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 subdivision and development thereafter have been
designed to not conflict with the existing Southern California Edison easement and water
channel easement. Currently, the accessory structure blocks this Southern California
Edison easement because there is a structure that projects into the easement. Since the
scope of work includes demolishing the existing house, the subdivision and development
thereafter will correct this error in development. Therefore, the proposed project will not
conflict with the easements on the property.
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. 77188
(PLN-17-00143), 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.
[Signatures provided on following page]
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Resolution No. 18-
Downey Planning Commission
PLN-17-00143 – 10419 Morning Avenue
January 17, 2018 - Page 3
PASSED, APPROVED AND ADOPTED this 17th day of January, 2018.
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 17th day of January,
2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
_________________________ Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 18-
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EXHIBIT A - CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 77188 (PLN-17-00143)
PLANNING
1) The approval of Tentative Parcel Map No. 77188 allows for the subdivision of two
parcels, with a combined area of 36,807 square feet, to create three (3) single-family
residential parcels.
Standard Minimum Requirements Proposed
Parcel 1 Parcel 2 Parcel 3
Gross Lot Area NA 15,489
s.f.
11,418
s.f.
9,739 s.f.
Net Lot Area 7,500 s.f. 9,931 s.f. 7,695 s.f. 7,579 s.f.
Lot Width 60 ft. 114.66 ft. 103.8 ft. 89 ft.
Lot Depth Conform to the average depth (108.21
ft.)
135.1 ft. 109.6 ft. 109.6 ft.
Structure Size 60% of net lot size 5,959 s.f. 4,617 s.f. 4,547 s.f.
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 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.
4) 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.
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) Prior to the approval of the Final Parcel Map, a permit must be obtained to demolish the
existing house.
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Resolution No. 18-
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8) Prior to the approval of the Final Parcel Map, the owner/ applicant shall pay all required
park-in-lieu fees.
9) Construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday; and 8:00
a.m. to 5:00 p.m., Saturdays. There shall be no construction activity on Sundays.
BUILDING
10) All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
11) 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
12) 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.
13) 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.
14) 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.
15) 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.
16) 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.
17) 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.
18) 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
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Resolution No. 18-
Downey Planning Commission
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grant easements in the name of the City shall include: 1) Vehicular easements, 2)
Walkway easements, 3) Drainage easements, 4) Utility easements.
19) The owner/applicant shall furnish and install a new dedicated potable water service line,
meter, and meter box to each parcel. The size of meter and water line shall be as
determined by the Director of Public Works.
20) 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.
21) The owner/applicant shall install all new utilities associated with this project underground.
22) 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.
FIRE
23) 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.
24) “No Parking” signage shall be posted along the fire turnaround and the curbs along the
northern side of the street shall be painted red.
25) Parking shall not be allowed within the fire-truck turnaround. Additionally, no vehicles,
fences, or buildings, shall block the fire-truck turnaround. This area must remain free of
any obstructions at all times.
26) A fire-hydrant shall be installed within the public right-of-way on Morning Avenue, in the
location determined by the Fire Chief.
END OF CONDITIONS
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