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Home My WebLink AboutPC Reso 10-2654RESOLUTION NO. 10-2654 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN CASE NO. 10-08037, TO REVOKE CONDITION NO. 5 OF PARCEL MAP NO. 16463, REGARDING A PUBLIC EASEMENT FOR INGRESS AND EGRESS PURPOSES ONLY ON THE WEST SIDE OF THE PROPERIES LOCATED AT 12147 AND 12157 LAKEWOOD BOULEVARD, ZONED C-2 (GENERAL COMMERCIAL) 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. An application was filed by Shree Swaminarayan Satang Mandal of California, (hereinafter "Applicant") requesting approval of PLN Case No. 10-08037 to remove Condition No. 5 of Parcel Map No. 16463, thereby eliminating an easement for reciprocal off-street parking and a twenty foot (20') wide vehicular driveway along the westerly property line of Parcels 2, 3 and 4 of said Map. B Shree Swaminarayan Satang Mandal of California is a Hindu temple located at 12147 Lakewood Boulevard in Downey. The Temple also owns the adjacent parcel to the south, 12157 Lakewood Boulevard. Parcel Map 16463 identifies them as Parcel 3 and Parcel 4. The southerly parcel (Parcel 4) accommodates a used car dealership. The properties are zoned C-2 (General Commercial) and the General Plan designation for them is GC (General Commercial). C The Planning Commission held a duly noticed public hearing on August 4, 2010, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2654, approving PLN Case No. 10-08037. SECTION 2. 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. Parcel Map No. 16463 shows a reciprocal easement along the westerly twenty feet (20') of parcels 2, 3 and 4 of Parcel Map No. 16463. The easement exists for vehicular access and utilities purposes, for these parcels only. The Applicant seeks the City's approval to vacate the easement for vehicular ingress and egress purposes only. Chapter 4 (Public Easements) of the Downey Municipal Code provides the authority and procedure for the City Council to vacate an easement. Section 7401 states that the Council may order the vacation of any easement vested in the City if such easement is not needed for the purpose for which it was dedicated for any other public use for which the land may be available. B. Condition 5 of Parcel Map No. 16463 required the previous owner of the property to record a vehicular access easement along the westerly side of the subject parcels (Parcels 2, 3 and 4 of Parcel Map No. 16463); however, changes in circumstances on the subject site occurred that make the condition no longer appropriate or necessary In December 1984, the reciprocal access agreement was created because the site (Parcels 1, 2, 3 and 4 of Parcel Map No. 16463) Resolution No. 10-2654 Downey Planning Commission was developed with uses that were nonconforming due to substandard off-street parking. In January 1985, the owner of the three parcels that comprised the subject property (Parcels 2, 3 and 4 of Parcel Map No. 16463) conveyed or sold the parcels with the reciprocal easement to new owners. In June 1985, the owners of Parcels 3 and 4, which comprise the Temple property, released the reciprocal easement via quitclaim deed. From April 1997 through July 1998, the Temple obtained building permits from the City of Downey to construct a new church facility on Parcel 3. Said approvals included building a trash enclosure and perimeter walls across the twenty foot (20') wide easement area. C. The proposed modification to the conditions of approval for Parcel Map No. 16463 would eliminate the requirement for a recorded vehicular easement across the subject property (Parcels 2, 3 and 4 of Parcel Map No. 16463). This modification does not impose any additional burden on the Temple because the site is developed as a church facility with improvements in place that were built across the purported easement area. The proposed modification would result in the vacation of the easement, which is no longer necessary. D. The proposed modification to the conditions of approval for Parcel Map No. 16463 does not alter any right, title, or interest in the real property reflected on the recorded map. E. The environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (C.E.Q.A.) and is categorically exempt, Class 5, (Minor Alterations in Land Use Limitations). SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN Case No. 10-08037, thereby removing Condition No. 5 of the Conditions of approval for Parcel Map No. 16463, which requires an easement for ingress and egress purposes only, across Parcels 2, 3 and 4 of Parcel Map No. 16463. SECTION 4. The Planning Commission's approval of PLN Case No. 10-08037 allows the applicant to petition the City Council and the Director of Public Works to vacate the easement for ingress and egress purposes only, according to the procedure set forth in Section 7400 of the Downey Municipal Code. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of August 201.0 f�% Louis Moral Chairman City Planni g Commission PLN 10-08037 Shree Swaminarayan Satang Mandal of California — 12147 and 12157 Lakewood Boulevard August 4, 2010 - Page 2 Resolution No. 10-2654 Downey 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 4th day August 2010, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: H :\P LA N N I N M R ES O ST 02010110-2654. doc Kiefer, Murray, Morales None None Vasquez, Lambros Theresa Donahue, Secretary City Planning Commission PLN 10-08037 Shree Swaminarayan Satang Mandal of California — 12147 and 12157 Lakewood Boulevard August 4, 2010 - Page 3