HomeMy WebLinkAboutPC Reso 18-3046RESOLUTION NO. 18-3046
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]
Resolution No. 18-3046
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2018.
6'-t�L 0c1 -1-e' .G4
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:
Flores, Rodriguez, Duarte, Dominguez and Owens
None
None
None
Mary davanagh, SecreMry
City Planning Commission
PLN -17-00143 — 10419 Morning Avenue
February 7, 2018 - Page 2