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HomeMy WebLinkAboutPC Reso 19-3087RESOLUTION NO. 19- 3087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE TRACT MAP NO. 74870 (PLN -19-00029) LOCATED AT 10341 WESTERN AVENUE AND ZONED R-3 (MULTIPLE -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 April 6, 2016, the Planning Commission approved PLN -15-00168 and PLN - 15 -00210, for Tentative Tract Map No. 72768 and a Site Plan Review to approve an eight unit condominium development; and, B. On February 19, 2019, Richard Chen (hereinafter "applicant"), submitted a request to amend the previously approved Tentative Tract Map, which will result in a change to the Tentative Tract Map number; and, C On March 15, 2019, the application was deemed complete. D. On April 4, 2019, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, G. The Planning Commission held a duly noticed public hearing on April 17, 2019, 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 that the environmental impacts of the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Tentative Tract Map, the Planning Commission further finds, determines and declares that: A. That the proposed map is consistent with applicable general and specific plans. The map most closely helps promote Policy 1.4.3. (relating to promoting home ownership). This item is language most applicable to subdivisions involving condominiums. Policy 1.4.3 — Promote home Ownership Program 1.4.3.1. Promote ownership -based housing, such as condominiums, townhouses, and planned unit developments. The above policy is applicable to and promoted the proposed map because the project involves the construction of condominiums. Thus the General Plan must encourage the proposed map because in order to establish common ownership property, such as condominiums, a tentative tract map must be accompanied and approved. Resolution No. 19-3087 Downey Planning Commission B. The design or improvements of the proposed subdivision is consistent with applicable general and specific plans. Specifically, the project will increase housing inventory and will do so on a site with under-utilized density. The following policy is promoted by the proposed tentative tract map: Policy 2.2 — Encourage infill development and recycling of land to provide adequate residential sites. The TTM promotes the above policy by utilizing an already developed lot (with multiple residential units) to create additional dwelling units. In addition, the project also helps the site reach its appropriate density capacity of eight units. The project site is ideal for this type of construction due to its zoning, general plan designation, available infrastructure, and close proximity to similarly dense residential developments. C. That the site is physically suitable for the type of development. The site can be described as regular (in -terms of shape or slope) and holds characteristics common for properties with similar uses and nearby infrastructure. In addition, the development project was previously approved and was found to comply with all relevant development standards, including but limited to setbacks, height, parking, landscaping, and open space. These characteristic will remain unchanged. D. That the site is physically suitable for the proposed density of development. The subject property is approximately 15,261.71 square feet (.35 acres), and is allowed a maximum density of eight units per section 9312.08 of the Downey Municipal Code. This is also consistent with density policy set forth in the City's General Plan. Characteristics of the previously approved condominium development, as they pertain to density, will remain unchanged. Furthermore, the lot is adequately served by existing roadways and infrastructure. E. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The project site is in an urban setting surrounded by urban uses. There are also no known wildlife habitats within the City. In addition, the subject property is an already developed lot with two separate residential properties. Therefore, the proposed map and development will not cause or contribute to impacts not already existing on the site or in the general area. In addition, environmental impacts related to noise, traffic, light, and aesthetics have been have been identified as negligible and compliant with categorical exemptions from the California Environmental Quality Act. F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the project has been carefully laid out to avoid conditions that could result in serious public health problems. Pedestrian circulation is separated from vehicle traffic with the use of walkways that connect all entrances to the units along the north and south sides of the property. The site layout works best to facilitate vehicle movement while maximizing pedestrian safety. Accordingly, the functional aspects of the site development from the view of the public street have been properly considered in the request. PLN -19-00029 — 10341 Western Ave. April 17, 2019 - Page 2 Resolution No. 19-3087 Downey Planning Commission G. 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 with the proposed subdivision. The review of the Tentative Tract Map and title report reflect no such easements within the subject property. Overhead utility lines are present along the street frontage, but are located on the public right-of-way. Furthermore, the project will result in a five foot land dedication along the front of the subject site. This will move the parcel and future development further away from the existing utility lines. 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 Tract Map No. 74870, subject to 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 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of April 2019. Patrick Owens, Commissioner 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 April 2019, by the following vote, to wit: AYES: COMMISSIONERS: Owens, Frometa and Spathopoulos NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Duarte and Dominguez ABSTAIN: COMMISSIONERS: None Mary Cad agh, Secretary City Pla i g Commission PLN -19-00029 — 10341 Western Ave. April 17, 2019 - Page 3 Resolution No. 19-3087 Downey Planning Commission PLN -19-00029 (Tentative Tract Map No. 74870) EXHIBIT A - CONDITIONS PLANNING The approval of Tentative Tract Map No. 74870 (PLN -19-00029) allows for the subdivision of airspace and common interest ownership for an eight -unit condominium development on property located at 10341 Western Ave. 2. Tentative Tact Map No. 74870 is associated with Site Plan Review (PLN -15-00168) which allows for the construction of an eight -unit condominium development on property located at 11341 Western Avenue, approved on April 6, 2016 under Resolution 16-2974. Deviations or exceptions from this plan shall not be permitted without the approval of the City of Downey Planning Commission. 3. Only as it pertains to the Tentative Tract Map, the following conditions of approval supersede conditions set in Resolution 16-2874 for PLN -15-00210 (Tentative Tract Map No. 72768), rendering this document the primary resolution for approval of the Tentative Tract Map for property located at 10341 Western Ave. PLN -15-00168 (Site Plan Review) and Resolution 16-2874 will remain active as a reference to the analysis, findings, and conditions for the approval and construction of an eight -unit condominium project. 4. Approval of Tentative Tract Map No. 74870 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. 5. 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. 6. 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. 7. Prior to the issuance of building and/or grading permits, the Final Tract Map No. 74870 shall be approved by the City and recorded with the Los Angeles County Recorder. Tentative Tract Map No. 74870 shall not become effective until the Downey City Council approves the Final Tract Map, and said Map is recorded with the Los Angeles County Recorder. PLN -19-00029 — 10341 Western Ave April 17, 2019 - Page 4 Resolution No. 19-3087 Downey Planning Commission 21. Prior to the recording of the Final Tract Map, the applicant shall pay all Park in -lieu fees, as required by Municipal Code Section 9931.8. PUBLIC WORKS 24. The owner/applicant shall dedicate five feet (5') for right-of-way purposes along Western Avenue to the standards of the City Engineering Division. 25. The owner/applicant shall submit a recorded mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images of final map on a portable media for city's GIS system data updates and maintenance. 26. The owner/applicant shall provide and record utility easement(s) for access to, and inspection and maintenance of, public water lines, meters and appurtenances, and backflow devices. 27 The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California. 28. Any utilities and/of above ground utility structures that are in conflict with the development shall be relocated at the owner/applicant's expense. 29. The owner/applicant shall coordinate with Southern California Edison to relocate the existing utility pole that is in conflict with the proposed driveway approach. Relocation of the pole shall be at the owner/applicant's expense. 30. The filed map shall comply with the latest edition of the state subdivision Map Act, the City of Downey Municipal Code and all the applicable state and local laws. Prior to recordation, the Applicant shall: a. Prepare map under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor. The map must be processed through the Dept. of Public Works prior to being filed with the County Recorder. b. A preliminary Title Report (or a chain of title) prepared by the title company for the subdivision is required showing all fee interest holders and encumbrances. An updated title report shall be provided (not older than 90 days) before the final tract/parcel map is released for filing with the County Recorder. C. Monumentation of the tract/parcel map boundaries, street centerline and lot boundaries is required for a map based on a record of survey. In the absence of such record, a licensed land surveyor shall set up all the missing monumentation. d. Upon City Council approval, the final tract/parcel map shall be filed by the Engineer of Record with the Los Angeles County Public Works Department for its PLN -19-00029 — 10341 Western Ave April 17, 2019 - Page 5 Resolution No. 19-3087 Downey Planning Commission recordation. One (1) Mylar copy of the filed map shall be submitted to the City Dept. of Public Works prior to Certificate of Occupancy. e. Certificate of Occupancy is contingent upon the completion the public improvements required in these conditions. If the improvements are not completed prior to approval of the map, the owner/applicant must enter into a subdivision agreement and post a necessary Faithful and Performance Bond in the amount estimated by the Public Works Dept. guaranteeing the completion of the improvements. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to the Planning Commission's tentative approval of this map. g. Any required property in the form of easement, fee simple or irrevocable offer and any right of way vacation in form accepted by the city engineer shall be shown on the map. END OF CONDITIONS PLN -19-00029 — 10341 Western Ave. April 17, 2019 - Page 6