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Home My WebLink About1. PLN 17-00143 10419 MorningCityofDowney DATE: TO: SUBMITTED BY: REVIEWED BY: PREPARED BY: SUBJECT: LOCATION: ZONING: REPORT SUMMARY FEBRUARY 7, 2018 PLANNING COMMISSION STAFF REPORT PLANNING DIVISION ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEN DAVID BLUMENTHAL, CITY PLANNE#TNTATIVE MONICA ESPARZA, SENIOR PLANNE ADOPTION OF RESOLUTION DENYINPARCEL MAP NO. 77188 (PLN -17-00143), PURSUANT TO DOWNEY MUNICIPAL CODE SECTION 9804.08(A)(1) 10419 MORNING AVENUE R-1 7,500 (SINGLE-FAMILY RESIDENTIAL) The Planning Commission conducted a public hearing on a proposed subdivision of property located at 10419 Morning Avenue. After accepting all written and oral testimony, the Planning Commission voted on the request that concluded in a 2-2 tie vote. Pursuant to Downey Municipal Code Section 9804.08(a)(1), a tie vote of the Planning Commission shall be deemed a denial by operation of law. As such, staff has prepared the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING, BY OPERATION OF LAW, TENTATIVE PARCEL MAP NO. 77188 (PLN -17-00143), A PROPOSAL TO SUBDIVIDE TWO PARCELS INTO THREE SINGLE-FAMILY RESIDENTIAL PARCELS, ON PROPERTY LOCATED AT 10419 MORNING AVENUE, ZONED R-1 7,500 (SINGLE- FAMILY RESIDENTIAL) PURSUANT TO DOWNEY MUNICIPAL CODE SECTION 9804.08(a)(1), DUE TO A TIE VOTE OF THE PLANNING COMMISSION BACKGROUND/ DISCUSSION 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 surrounded by single-family residential developments. The subject site is comprised 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. The garage in the rear sits on the property line and is developed onto the western Agenda Page 1 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. 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 would be accessible via a new 36 -foot -wide private street. On January 17, 2018, the Planning Commission conducted a duly -noticed public hearing with four (4) members present and one (1) member absent. At the conclusion of the hearing and following deliberations, Planning Commissioner Dominguez made a motion to deny Tentative Parcel Map No. 77188, which was seconded by Vice -Chairman Owens. The motion resulted in a 2-2 tie vote for the reasons set forth in the Planning Commission meeting minutes. Downey Municipal Code Section 9804.08(a)(1) states in relevant part: "..... Tie votes shall be deemed a denial, unless an extension of time is requested by the applicant. The applicant may then appeal to the Council as provided in [Downey Municipal Code] Section 9806. " The applicant did not request an extension of time. The 2-2 tie vote of the Planning Commission is deemed a denial of Tentative Parcel Map No. 77188 by operation of law pursuant to Downey Municipal Code Section 9804.08(a)(1). Attached to this report is the draft resolution for denial, which is based on the Commission's tie vote. 10419 Morning Avenue. — PLN -17-00143 February 7, 2018 - Page 2 Agenda Page 2 RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING, BY OPERATION OF LAW, TENTATIVE PARCEL MAP NO. 77188 (PLN -17-00143), A PROPOSAL TO SUBDIVIDE TWO PARCELS INTO THREE SINGLE-FAMILY RESIDENTIAL PARCELS, ON PROPERTY LOCATED AT 10419 MORNING AVENUE, ZONED R-1 7,500 (SINGLE-FAMILY RESIDENTIAL) PURSUANT TO DOWNEY MUNICIPAL CODE SECTION 9804.08(a)(1), DUE TO A TIE VOTE OF THE PLANNING COMMISSION WHEREAS, 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; WHERES, on January 17, 2018 the Planning Commission held a duly noticed public hearing; WHEREAS, the hearing was attended by four (4) planning commissioners with one (1) commissioner absent; WHEREAS, during the public hearing the planning commission received lengthy public testimony in opposition of the application; NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS; SECTION 1. After considering the evidence and public testimony during the hearing, the Planning Commission was split 2-2 regarding certain findings as set forth in the approved Planning Commission meeting minutes. SECTION 2. Following deliberations, Planning Commissioner Dominguez made a motion to deny Tentative Parcel Map No. 77188 which was seconded by Vice -Chairman Owens. The motion resulted in a 2-2 tie vote as follows: AYES: Commissioners Dominguez, Owens NOES: Commissioners Flores, Duarte ABSENT: Commissioner Rodriguez SECTION 3. Downey Municipal Code Section 9804.08(a)(1) states in relevant part: ".....Tie votes shall be deemed a denial, unless an extension of time is requested by the applicant. The applicant may then appeal to the Council as provided in [Downey Municipal Code] Section 9806." No extension of time was requested by the applicant. SECTION 4. The 2-2 tie vote of the Planning Commission is deemed a DENIAL of Tentative Parcel Map No. 77188 by operation of law pursuant to Downey Municipal Code Section 9804.08(a)(1). SECTION 5. The applicant may appeal the decision to the City Council in accordance with Downey Municipal Code Section 9806. [Signatures on next page] SECTION 6. The Secretary shall certify the adoption of this Resolution. Agenda Pane 3 Resolution No. 18 - Downey Planning Commission PASSED, APPROVED AND ADOPTED this 7th day of February, 2018. Patrick Owens, 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 7th day of February, 2018, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PLN -17-00143 — 10419 Morning Avenue February 7, 2018 - Page 2 Agenda Page 4