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HomeMy WebLinkAboutResolution No. 07-6981 - Approve Appeal, Tentative PM #07-68693, 7960 7th StreetRESOLUTION NO. 07-6981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 07- 68693, A REQUEST TO SUBDIVIDE ONE EXISTING PARCEL OF LAND INTO TWO (2) LOTS, ON PROPERTY LOCATED AT 7960 7TH STREET AND ZONED R-1 5,000 (SINGLE- FAMILY RESIDENTIAL). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A.An application was filed by Edgar Ruballo, (hereinafter referred to as "Appellant") requesting to subdivide one existing parcel of land into two (2) lots totaling approximately 13,040 square feet (0.30 acres), at 7960 7th Street, City of Downey, California (hereinafter "subject site") zoned R-1 5,000 (Single-Family Residential). B.The Planning Commission held a duly noticed public hearing on March 7, 2007 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, denied Tentative Parcel Map 07-68693. C On March 15, 2007, the applicants filed an appeal of the Planning Commission denial of Tentative Parcel Map No. 0748693. D.On April 4, 2007, The City Council duly noticed a public hearing for consideration of the appeal and consideration of Tentative Parcel Map No. 07-68693. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearing, the City Council further finds, determines and declares: A The proposed map is consistent with the General Plan. The proposed map conforms to the City’s development standards for properties in the R-1 5,000 (Single family Residential) Zone, and is consistent with the LDR (Low Density Residential) General Plan designation. The proposed lot meets minimum requirements for lot width, depth and area. Additionally, the applicant intends to demolish the existing structures and construct one single family dwelling on each parcel, which is also consistent with the existing Zoning and General Plan designation. B.That the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans. The design of the two parcels created by Tentative Parcel Map No. 68693 is consistent with the goals of the Downey General Plan. The General Plan designation for this area is Low Density Residential, This designation allows for detached single-family residential units at densities of 1 to 8.9 units per acre. Further, the proposed configuration and dimensions of the parcels are consistent with the existing lotting pattern in the area. C That the site is physically suitable for the type of development. The proposed lot is of sufficient size and will provide adequate access suitable for the potential residential development. The minimum parcel size within the R-1 5,000 zone is RESOLUTION NO. 07-6981 PAGE TWO 5,000 square feet. The subject parcels of Tentative Parcel Map No. 07-68693 will each contain approximately 6,500 square feet of land area. D That the site is physically suitable for the proposed density of development. This project site exists in an area already established with single-family dwellings on parcels that are similar to the size and dimensions of the two parcels proposed by Tentative Parcel Map No. 07-68693. E That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of this subdivision has been carefully laid out to avoid conditions which could result in serious public health problems. The proposed lots have been designed with adequate frontage to permit safe access to and from the subject site. Further, conditions of project approval have been imposed on the tentative map to ensure the structures will comply with all applicable development standards. F.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 within the proposed subdivision. The design of this subdivision and its accompanying improvements will not conflict with easements needed by any public agency or utility purposes. All such easements either do not exist or have been noted and reserved G.That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The design of this subdivision is not likely to result in substantial environmental damage or any injury to fish or wildlife or their habitats because the area to be subdivided is located within an existing urban area historically used for residential purposes. Further, the environmental impact of the proposed development has been reviewed and had been found to be in compliance with the California Environmental Quality Act (C.E.Q.A.) and is categorically exempt, Class 15 (Minor Land Division). H The design and configuration of the tentative parcel map will result in parcels that are more than adequate in size so the planned dwellings can be oriented so they can take advantage of natural and passive cooling opportunities. 1.In taking this action, the City Council has considered the effects of the decision on the housing needs in the region in which the City is located and balanced those needs against the public service needs of the City's residents and available fiscal and environmental resources. J. The conditions imposed on Tentative Parcel Map No. 07-68693 and provided in Exhibit A are necessary to preserve the health, safety and general welfare of the community and enable the City Council to make the findings set forth in this section. Furthermore, the conditions are fair and reasonable for the accomplishment of these purposes. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey does hereby approve the appeal of the appellants and hereby approves Tentative Parcel Map No. 07-68693, subject to the conditions of approval attached hereto as Exhibit A. The tentative map, as conditioned by this Resolution, meets all of the requirements of the Subdivision Map Act and the parcel map requirements of the Downey Municipal Code. RESOLUTION NO. 07-6981 PAGE FIVE PUBLIC WORKS 9.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. 10. 11 The owner/applicant shall install all utilities underground. Miscellaneous conditions: a.The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and 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 lots shall not has 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. Provide the following information on plans: topographic site information, including elevations, dimensions/location of existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the width and location of all existing and proposed easements, the dimensions and location of proposed dedications; (for alley dedications, show elevations of the four corners of the dedication and centerline of alley, existing and proposed underground utility connections); the location, depth and dimensions of potable water, sanitary sewer lines; and the type of existing use, including the gross square footage of the building, and its disposition. b The owner/applicant shall construct/install portland cement concrete driveway approaches, and two ( 2 ) (24-inch box with 2-inch diameter trunk) street trees, along property frontage to the standards of the Department of Public Works. Broken, uneven, or sub-standard curb, gutter, sidewalk, driveway, and pavement, shall be replaced to the satisfaction of the Public Works. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to applying for a Public Works Excavation Permit. 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. C.All driveway approaches shall be as wide as the driveway or parking aisle they serve. All unused driveways shall be removed and reconstructed with full-height curb, gutter and sidewalk. d The owner/applicant 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 Water Resources Control Board; and Ordinance 1 142 of the Downey Municipal Code (DMC). Furthermore, the owner/applicant shall be required to Certify and RESOLUTION NO. 07-6981 PAGE SIX e.append Public Works standard “Attachment A“ to all construction and grading plans as required by the LACoPW Stormwater Quality Management Plan (SQMP). f.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. g. h. The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 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. I The owner/applicant shall submit a recorded mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2000 or later) and scanned, uncompressed TIFF images of Parcel Map 68693 on a CD-ROM media. RESOLUTION NO. 07-6981 PAGE SEVEN Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. n Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind D a Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. D D Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. D D Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. D Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. D Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name (Owner or authorized agent of the owner) DateSignature (Owner or authorized agent of the owner) RESOLUTION NO. 07.6981 PAGE THREE SECTION 4. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 10th day of April, A)7 RICla ATTEST: %A///VB. ?”dM& KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 10th day of April, 2007, by the following vote, to wit: AYES: 4 Council Members: Cartozian, Gafin, Guerra, Mayor Trejo NOES: 1 Council Member: Bayer ABSENT: 0 Council Member: None ABSTAINED: 0 Council Member: None [ BdAa&D y.%c/aMa KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 07-6981 PAGE FOUR TENTATIVE PARCEL MAP 07- 68693 EXHIBIT A – CONDITIONS PLANNING 1)This approval is to subdivide one (1) parcel into two legal parcels, containing 6,499.96 and 6,525.69 square feet of land, as shown on the approved tentative parcel map, dated March 7, 2007. Deviations or exceptions from said tentative map, other than those that do not impact other conditions, shall not be permitted without the approval of the City Planning Commission. 2)The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare 3)No building permits shall be issued until acceptance of the Final Map by the Planning Commission and City Council, except those permits required to meet conditions of this approval . 4)In accordance with the provisions of Section 9222 of the Downey Municipal Code and Section 66452.6 of the Subdivision Map Act, Tentative Map No. 07-68693 shall expire twenty-four (24) months after the date of its approval, unless the Planning Commission grants an additional period of time not to exceed twelve (12) months. 5)The applicant/property owner shall comply with all conditions of Tentative Parcel Map 07-68693 before this tentative parcel map becomes valid. BUILDING AND SAFETY 6)Separate sewer(s) shall be constructed to each [Lot, Parcel, Bldg] to the standards of the City Engineering and Building and Safety Divisions or a sewer covenant shall be recorded with the Los Angeles County Recorder and a copy filed with the City Planning Division. 7) 8) All electrical and telephone utilities shall be installed underground or at the rear lot lines to the standards of the City Engineering Division and Building and Safety Division. Obtain all necessary plan approvals and permits. Other conditions: a.All Building Department conditions to be completed prior to “Occupancy of the Structure”. All comments/conditions related to this action shall be incorporated into the design documents as a separate sheet and reflects all conditions from each department having specific requirements as to this action. b Comply with all technical code requirements at the time of submission to the Building and Safety Division for Plan Review.