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HomeMy WebLinkAboutAttachment G - Reso 24-4028 (SPR and Density Bonus)RESOLUTION NO. 24-4028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE PLAN REVIEW (PLN-23-00035) AND A DENSITY BONUS APPLICATION, THEREBY ALLOWING THE CONSTRUCTION OF A 33-UNIT RESIDENTIAL CONDOMINIUM OWNERSHIP TOWNHOUSE DEVELOPMENT LOCATED AT 7360 FOSTER BRIDGE BOULEVARD THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare that: A.On March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company), submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard (“Project”). B.On April 20, 2023, the applicant was issued a letter deeming the application incomplete. C.On June 14, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete. D.On September 18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete. E.On February 14, 2024, upon review of newly submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete. F.On March 28, 2024, upon review of all required materials submitted, the applicant was issued a letter deeming the application complete. G. On April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot. H.The Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder’s Office. The Mitigated Negative Declaration for the Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 2 Project reflects the City’s independent judgment and analysis as lead agency for the Project. I. Based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources, Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation. J. The Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt this resolution. The motion did not carry with a vote of 2-2. No additiona l motions were made or voted upon. K. On April 18, 2024, the applicant requested the application to be re-agendized and independently, at a new public hearing, to be presented to the Planning Commission once again. L. On April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500-feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot. M. The Planning Commission held a duly noticed public hearing on May 1, 2024, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. At the same hearing, the Planning Commission took the following actions: (1) recommend the City Council approve a General Plan Amendment to modify the General Plan Designation form Low Density Residential to Medium Density Residential, Zone Change from Single Family Residential to Medium Density Residential, and IS/MND for property located at 7360 Foster Bridge Boulevard (Resolution No. 24-4027) and (2) recommend the City Council approve Tentative Tract Map No. 84168 for townhome purposes on property located at 7360 Foster Bridge Boulevard (Resolution No. 24-4029). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding a Density Bonus Application, the Planning Commission further finds, determines and declares that the proposal complies with the provisions of the California Density Bonus Law, Government Code Sections 65915 - 65918. Furthermore, specific written findings, such as those outlined in DMC Section 9512.24(b), are no longer applicable for the recommended approval of a Density Bonus application per Government Code Sections 65915 – 65918. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Site Plan Review, and in accordance with Downey Municipal Code Section 9820.08, the Planning Commission finds that: Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 3 A. The site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the City Council. In addition, the project’s objective to revitalize the site helps achieve various long-term goals. Specifically, the following policies are promoted by the Site Plan Review: Land Use Element 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 project includes 33 separate townhomes exclusively for sale. Of the 33-units, 30 will be sold at market rate prices and three will be sold at at-least an affordable level of moderate-income levels. The moderate-income affordability units are required to maintain their affordability level for a minimum of 55 years. Housing Element Goal 1. Encourage a variety of housing types to meet the existing and future needs of City residents. Policy 1.1. Accommodate a variety of housing types to meet the needs of all residents. Policy 1.2. Encourage and facilitate a range of housing to accommodate the City’s share of regional housing and special housing needs. Policy 1.5 Encourage infill development and recycling of land to provide adequate residential sites As previously stated, the project involves the sale of townhomes with three of the units to be sold at an affordability level of moderate-income. These three units, along with the other 30 market rate units, will reduce the City’s Regional Housing Needs Allocation (RHNA) of 6,525 units needed between 2021 – 2029 in order for the State to achieve sustainable housing levels. Since 2021, the City has only reduced the City’s RHNA by 17 market rate units and only a total of four other housing projects are proposed in separate applications. It should be noted that these separate applications each have respective development constraints that may render the projects infeasible. Lastly, the project proposes to recycle an existing in-fill site with a land use that may be described as meeting the end of its life cycle. Goal 2. Assist in the development of adequate housing and provide resources to meet the needs of low- and moderate-income and special needs households. Policy 2.2 Encourage the inclusion of housing affordable to lower-income households when reviewing proposals for new housing developments. Goal 3. Address and where legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. Policy 3.2 Utilize density bonuses, fee reductions, or other regulatory incentives, as available and appropriate, to minimize the effect of governmental constraints. The project will provide three units at an affordable level of moderate-income. Moderate- income housing is required for compliance with the City’s Inclusionary Housing Ordinance, which requires residential ownership projects of this size to provide 10% of the proposed Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 4 units as affordable units. In addition, the applicants propose to exercise State Density Bonus Allowances that require the project to provide at least 5% of the units as moderate- income units. Design Element Policy 8.1.1 – Promote architectural design of the highest quality. Policy 8.2.2 – Promote the upgrading of properties. The proposed architecture is a significant upgrade to the existing facilities on site. The redevelopment of this site has the potential of serving as an example of higher quality architecture for future developments within the city. B. The proposed development is in accordance with the purposes and objectives of Article IX of the Downey Municipal Code (Land Use) and the zone in which the site is located. The application for a Site Plan Review is made in conjunction with an application for a General Plan Amendment and Zone Change to modify the site from Low Density Residential and Single-Family zoning (R-1) to Medium Density Residential and Multiple Family Residential zoning (R-3). The purpose of the R-3 zone, as stated in the Downey Municipal Code, “is intended to provide for the development of multiple-family residential living areas compatible with the neighborhood environment and outdoor recreation potential of the community. Such areas are envisioned as being located and designed to be complementary to adjacent uses and at the same time provide suitable space for multiple-family living quarters.” The proposed application is in full conformance with the objective stated above. C. The proposed development’s site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed design of the project will integrate harmoniously with this area by providing aesthetically pleasing architecture and landscaping. The renovations to the site serve as a significant upgrade from the existing facilities. In addition, the streetscape will be enhanced as well as the transition from the street onto the site through the proposed landscaping, pedestrian access, and upgraded driveway and driveway approach. D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site design and overall integration of the landscaping, building orientation, and driveway access is well-envisioned by the applicant. The landscaping around the front building façades creates an attractive transitional buffer between the residences and the public right of way and streets, on both Suva Street and Foster Bridge Boulevard. Exterior light lamps are carefully placed on the garage entrance and the front porch to ensure both vehicles and pedestrians are able to move around the site in a safe manner. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The proposed project reflects true Spanish style architecture, and reflects a high quality of architectural design. In addition, the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area, and this project will upgrade the overall Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 5 appearance of the site and, in turn, improve the community appearance. The proposed architectural design is described within the City R-1 Design Guidelines as a historically established Downey Characteristic style. Lastly, this proposed development will be keeping with the quality of design of recently approved projects within the city, but will not mimic those improvements. F. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed architecture is a significant upgrade to the existing facilities on site in the sense that it will be a newer development with major emphasis placed on building treatment and landscaping. In addition, goals and policies within the General Plan’s Housing Element are found to be consistent with the proposed project, and the creation of additional housing is categorized as a positive effect to public welfare. Lastly, conditions of approval such as privacy screening and construction hours are incorporated to avoid affects to the immediate neighborhood and surrounding areas. G. The proposed development’s site plan and its design components will include graffiti- resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of the Downey Municipal Code. The project has been conditioned to meet the requirements specified in Section 4960 of the Downey Municipal Code. Section 4960 discusses the installation of anti-graffiti materials or concealment of graffiti, and the appropriate allotted time limit for the removal of graffiti. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby recommends the City Council approve the Site Plan Review (PLN-23-00035 ) and Density Bonus for the Project, 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. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 6 SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of May , 202 4. Carrie Uva, Chair 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 1st day of May , 2024, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: APPROVED AS TO FORM: _______________________ John M. Funk City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on May 1, 2024. Ria Ioannidis Recording Secretary Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 7 PLN-23-00035 (SITE PLAN REVIEW AND DENSITY BONUS) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review and Density Bonus (PLN-23-00035) allows for the construction of a of 33-unit townhome development to be located at 7360 Foster Bridge Boulevard. 2) This resolution, Resolution No. 24-2028, shall run concurrently with Resolutions No. 24- 202 7 and 24-2029 and is equally subject to the Conditions of Approval set forth in said resolutions. 3) Failure to carry out the project details and Conditions of Approval detailed in Resolution Nos. 24-4027 and 24 -4029 shall render this resolution null and void. 4) The site shall remain in substantial conformance with this request and the approved set of plans. 5) This permit 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. 6) 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. 7) The Community Development Director 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. Any major modifications may be subject to Planning Commission review and approval. 8) Prior to the final of any building permits or occupancy of any of the units, the Final Tract Map shall be approved by the City and recorded with the County of Los Angeles. 9) Construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday. There shall be no construction activities on the site outside of these hours. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 8 10) All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of- way. 11) Exterior lights shall be un-switched and photo-sensor controlled. Lights shall be on from dusk until dawn. Porch, patio, and deck lights for the individual units shall be excluded from this condition. 12) There shall be no roof -mounted equipment including, but not limited to, HVAC equipment. All exterior HVAC equipment shall be ground mounted or located within a balcony and screened from view. There shall be no window or wall mounted HVAC equipment. This condition shall not be interpreted to restrict photovoltaic panels mounted to the roof. 13) The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. 14) The applicant shall provide a comprehensive landscape plan incorporating drought tolerant landscaping in all landscape areas of the site at Building Permit Plan check submittal. All landscape and irrigation shall be installed in advance of the issuance of the first Certificate of Occupancy issuance, and shall be permanently maintained, in perpetuity. Deviations from this Condition are subject to review and approval by the Community Development Director. 15) The applicant shall provide a screening plan with a plan check submittal for review and approval. Plans shall reflect the screening of all utility equipment including, but not limited to panels, meters, piping, fire lines, and transformers by either landscaping or a decorative laser cut metal panels. Utility closets shall be an acceptable form of screening for electrical panels and meters. The final selection of plants or design of decorative panels and utility closets shall be approved by the Community Development Director as part of the plan check permit process. 16) Utility closest(s) shall be designed to be complementary with the architectural style of the building, and shall be incorporated into the project plans submitted for Building Permit plan check review. 17) All above grade back-flow preventers and check valves shall be painted a distinguishing color as required by the Fire, Public Works, and/or Community Development Department and screened from view from the public right-of -way by either landscaping or a decorative laser cut metal panels. The final selection of plants or design decorative panels shall be approved by the Community Development Director prior to installation. 18) Both project driveway entries shall designed with enhanced paving (pavers or stamped color concrete). The Community Development Director shall review and approve final enhanced paving prior to the applicant submitting plans for Permits and Plan Check. 19) Design and placement of mailboxes shall be reviewed and approved by the Community Development Director prior to submitting plans for Permit and Plan Check, and shall be Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 9 the U.S. Post Office requirements. The design of a centralized mail location shall be architecturally compatible with the building’s architectural Spanish style. 20) All attic venting shall be architecturally consistent with the buildings. Dormer vents and/or turbine vents shall not be permitted. 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. 22) Wall and fence heights shall comply with the approved plan set and future changes and modifications shall comply with DMC Section 9520, or an updated DMC code section at the time of installation. Wall and fence design shall be consistent with the approved architecture of the main dwelling structures. 23) All buildings and walls shall either be finished with graffiti resistant materials or the applicant and/or homeowner’s association shall paint over any graffiti applied to any surface of the property. If electing to use graffiti resistant materials, prior to the issuance of building permits, the applicant shall demonstrate to the satisfaction of the Community Development Director, that the finished materials will comply with this requirement. 24) Any graffiti applied to the site shall be removed or painted over within 48 hours. Graffiti that is painted over shall not result in visible painting patches. The walls and building shall be left uniform color and finish after any graffiti is painted over. 25) All construction related machinery, materials, and equipment shall be stationed on-site and outside of the public right-of -way. All activity requiring work on the public right-of -way shall be required to obtain an encroachment permit from the Public Works Department. A construction layout plan outlining all construction operations (on- or off-site) shall be submitted to the Community Development Director and Building Official for review prior to the start of any grading, including but not limited to accommodations for employee parking and equipment and material staging. A construction phasing plan, shall be incorporated or be provided separately to ensure that all conditions of approval can be met and with minimal disruption to the adjacent residential uses and not relying on street parking. A proposal to construct in phases shall be pre-approved by the Community Development Director in coordination with the City’s Building Official and Public Works Director. 26) The Applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the approved set of building plans. 27) The applicant shall comply with all mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP), as established by the Initial Study/Mitigated Negative Declaration and Resolution No. 24-4027, at all times. A copy of the MMRP shall be incorporated into the approved set of building plans. 28) Any bollards installed on-site for permanent use must be decorative in nature and shall be approved by the Community Development Director prior to installation. 29) Prior to the submittal of plans into Building and Safety Plan Check, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 10 30) Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to the DMC. Density Bonus 31) This permit shall grant the right to construct an additional three (3) units as allowed per State Density Bonus Law for a total of thirty-three (33) units for the development. Units shall be maintained at a moderate income affordability level. a) A Density Bonus Housing Agreement to memorialize the provision of moderate- income level housing, and the granting of the requested concession and waivers shall be executed and recorded between the City of Downey and the Developer prior to the issuance of building permits. Said Agreement shall be recorded against the “moderate-income” inclusionary housing units, in perpetuity, as identified in the project plans. 32) The permit shall grant one (1) concession as defined by the State Density Bonus law. The concession is also follows: a) Deviation from DMC Section 1503(c) pertaining to Inclusionary Housing and need to round up when calculating the Inclusionary Housing unit requirement. The code section details how to calculate the amount of required inclusionary housing units and the need to round up to the next whole number when a calculation results in a fraction. The applicant has requested a Concession to eliminate having to “round up”, and ultimately have the inclusionary amount requirement end in a fraction. This fraction amount results in a need to provide 3.1 inclusionary units, instead of the required 4 units. With the Concession, the applicant has elected to construct three inclusionary housing units and pay an in-lieu fee for the fractional amount of 10% of a unit, which would be a total of $26,341. 33) The permit shall grant seven (7) waivers as defined by the State Density Bonus Law. The Downey Municipal Code Sections, Code Requirements, and granted waivers are as follows: Table 1 Summary of Requested Density Bonus Waivers DMC Requirement Deviation Section 9144. Definition for “Lot Area” Density calculated using the net lot size, which does not include certain easements. Applicant has request that density be calculated using gross lot size resulting in an increased allowable density. DMC Section 9312.08(a) Residential Zones Property Development Standards Setback Front Setback =15’ Ranges from 12.75’ to 14.25’ Setback Rear Setback = 46’ Reduced Rear Setback = 37.5’ Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 11 Table 1 Summary of Requested Density Bonus Waivers DMC Requirement Deviation Setback Side Setback = 10 ’ Reduced Sideyard Setback = 5’ Height Maximum Height = 35’ Increased Height = 37.5’ *Increased height varies for each building, between 1’ to 2’-6” DMC Section 9710.02 Parking - R-3-O Zone Design Standards Two-car garage with side by side parking Applicant has requested that 15 of the 33 dwelling units (45%) be designed with tandem garage parking. DMC Section 9312.08(b)(10) Usable Open Space Private open space requires a 10’ x 10’ minimum dimension Applicant has requested to provide private open space in the form of patios for Buildings 1, 2, and 4, and in the form of balconies for units in Building 3. The private open space provided varies in dimensions Inclusionary Housing 34) The applicant shall be required to provide a minimum of three (3) moderate-income level units, and provide an in-lieu payment for the remaining inclusionary housing requirement of .10 units as allowed per a combination of the City’s Inclusionary Housing Ordinance (IHO) and the applicant’s requested Density Bonus Concession detailed in Condition # 34 and No. 37 of this Resolution. 35) The applicant shall be required to pay an IHO in-lieu fee in the amount equal to .10 of a unit. The total fee required shall be $26,341. 36) Prior to issuance of a grading permit and/or building permit a standard City Affordability Control Covenant must be approved and executed by the Community Development Director, and recorded with the Los Angeles County Recorder’s Office by the applicant against the title of each inclusionary unit. a) If the Final Map has not been recorded at the time of issuance of a grading permit and/or building permit, an overall Interim Affordability Control Covenant shall be recorded against the residential development, and shall be replaced by separate recorded Affordability Control Covenants for each unit prior to issuance of a certificate of occupancy for such units. 37) All inclusionary housing units must be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development. 38) Inclusionary units produced under this chapter must be legally restricted to occupancy by households of moderate-income levels for a minimum of fifty-five (55) years. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 12 Covenant, Conditions, and Restrictions 39) Prior to the approval of the final map, all organizational documents for the project, including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. 40) CC&Rs submitted to the City for review shall contain a table itemizing each of the requirements identified herein and the page/paragraph where they are addressed in the CC&Rs. 41) The approved CC&Rs shall be recorded with County Recorder’s Office concurrent with the Final Map. A copy of the final documents shall be submitted to the Community Development Department after recordation. 42) The applicant shall provide a plan for initiating the HOA administration in advance of the issuance of a Certificate of Occupancy to ensure the HOA is viable upon occupancy of the project’s unit(s). No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowner’s association has been legally formed with the right to assess all units which are jointly owned or benefitted to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private street, and utilities. 43) The CC&Rs shall include, but are not be limited to, the following provisions: a) The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. b) The requirement that association bylaws be established. c) Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including open space, landscaped areas, roof decks, walls and fences, private roadways (i.e., walkways, sidewalks, paseos, driveways), lighting, and furnishings, awnings, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs. d) Private open space areas within the common area shall be illustrated on a “Private Open Space Exhibit” and shall be made part of the CC&Rs and shall specify those portions of the open space area that are allocated for private use. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas to minimize noise and light disruptions to adjacent properties. e) Membership in the homeowner’s association shall be inseparable from ownership in individual units. f) Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, roof decks, accessory structures such as patios, sunshades, Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 13 trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the DMC. g) Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. i) All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. ii) All private drives, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly. iii) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. h) Homeowner’s association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. i) All trash receptacles to be stored in the garages of the units (except during pick up day). j) Require all garages be maintained in a manner to accommodate two vehicles at all times, k) The approved Site Plan shall be made part of the CC&Rs and shall be enforced by the homeowner’s association with regard to, but not limited to, circulation, egress/ingress, fire access, and parking. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: i) A total of seventy-one (71) parking spaces shall be available onsite. At a minimum, a total of sixty-six (66) parking spaces shall be available onsite permanently maintained at a rate of two garage spaces per dwelling unit. An additional minimum of five (5) unassigned guest spaces shall be permanently provided on site. Any changes to the parking shall be subject to the review and approval by the Community Development Department in accordance with the DMC. ii) Residents shall not store or park any non-motorized vehicles, trailers or Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 14 motorized vehicles that exceed seven (7) feet high, seven (7) feet wide, and nineteen (19) feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowner’s association may adopt rules and regulations to authorize exceptions. iii) Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. iv) Shall prohibit parking in any of the drive-aisles. v) The homeowner’s association shall be responsible for monitoring and enforcing all parking regulations on private property. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking regulations within the development which may include measures for fire access and enforcement by a private security company. l) Provisions for enforcing individual trash cart placement at designated curb areas as shown on the approved “Trash Pick-up Plan” no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. m) Maintenance of all common areas, driveways, etc., shall be by the homeowner’s association. n) Television and radio antennas shall be installed in accordance with the requirements of the DMC. o) The homeowner’s association shall be required to file the names, addresses, and telephone numbers of at least one (1) member of the homeowner’s association Board and, where applicable, a manager of the project before January 1st of each year with the Community Development Department for the purpose o f contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. p) The homeowner’s association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. q) No amendment to alter, modify, terminate, or change the homeowner’s association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the Community Development Department. Homebuyer Notification 44) Prior to issuance of Temporary Certificate of Occupancy, Certificate of Occupancy, or sale Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 15 of any unit, whichever comes first, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. a) A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. b) A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and will require zoning clearance and a business license. c) A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all on-site driveways and common areas are to be maintained by the homeowner’s association. d) A notice stating trash bins shall be placed in designated curb areas as shown on the approved “Trash Pick-up Plan” no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. e) A notice explaining and providing a copy of the approved “Parking Plan” and related CC&Rs provisions. TRACT MAP 45) The Tract Map shall be recorded with Los Angeles County Recorder’s office within one (1) year of this date, April 17, 2024. Time extensions, not to exceed one (1) year, may be granted and approved by the Community Development Director if a written request is received by the within thirty (30) days prior to expiration. 46) The Final Map shall be submitted for review, processing, and recording at least ninety (90) days prior to the expiration of the Tentative Map. 47) The final map shall be recorded in accordance with the approved Tentative Tract Map, date stamped April 17, 2024, and to the satisfaction of the Public Works Director. 48) Prior to recordation of the Final Map, current ownership evidence such as updated preliminary title reports and deeds shall be submitted for review. 49) 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. 50) All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as otherwise specified herein. 51) In the event the project Site Plan Review project becomes expired, at the expense of the applicant the Community Development Director shall have cause and authority to revert Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 16 the lot back to its original subdivision state at the property owners expense. BUILDING 52) All construction shall comply with the current California Building Code, as adopted by the City of Downey. 53) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the units. FIRE 54) The following conditions related to Fire Department review shall not be construed to constitute complete review and/or approval by Downey Fire Department. 55) Adequate information related to structure dimensions, proposed street length, a detailed turn radius at vehicle access points, and fire/life safety features shall be submitted for Fire Department review as part of the Building plan check submittal. 56) A comprehensive fire access plan shall be submitted showing locations of fire hydrants, radius of culdesacs, and road widths for all areas within the proposed site shall be submitted to the Fire Department for review and approval by the Chief of Fire. [CA Fire Code, Appendix D] 57) Deferred automatic fire sprinkler plan submittal required for new Residential Group R occupancy. Automatic fire sprinkler system design, installation, and testing shall be per NFPA 13D or 13R based on the building construction type, height, fire separation, etc. [CFC § 903.2.8; DMC 3318] . Any changes to the proposed fire sprinkler design shall be reviewed and approved by the City of Downey Fire Chief and Public Works Director. 58) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1] 59) Smoke alarms shall be installed in Residential Group R occupancies on the ceiling or wall or each separate sleeping areas, rooms used for sleeping, in each story within the dwelling [CA Fire Code §907.2.11.2] 60) Carbon monoxide detection shall be installed in R-occupancies dwelling units in the following locations: (1) Outside each separate sleeping area in the immediate vicinity of bedroom, (2) On every occupiable level of the dwelling unit, (3) where fuel-burning equipment is located [915.2.1] 61) Project construction shall comply with requirements set forth in the CA Building and Residential Codes for egress, construction type and height, etc. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 17 PUBLIC WORKS 62) The applicant shall be responsible for the cost of equipment and installation of a Traffic Signal Preemption Device at the Suva Street/Bluff Road/ Foster Bridge Boulevard Intersection Signal in the amount of $6,000. The City of Downey, or a contractor selected by the City of Downey, shall be responsible for the installation of the device. 63) 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. a) The owner/applicant shall install Light-Emitting Diode (LED) streetlights on Foster Bridge Boulevard and Suva Street. The applicant shall provide a site plan showing the location of the proposed streetlights. b) The owner/applicant shall hire an appropriate licensed contractor to perform said off-site street light improvements. c) The applicant shall provide an off-site streetlight improvement plan showing the location of the proposed streetlights and electrical conduits, service cabinet and SCE feed point 64) The owner/applicant shall install all new proposed utilities underground. 65) The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 66) Broken, uneven, or sub-standard sidewalk, driveway, pavement, curb and gutter along the property frontage on Suva Street and Foster Bridge Boulevard shall be replaced to the satisfaction of the Department of 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. 67) The owner/applicant shall submit public improvement plan(s) for review and approval by Public Works Department. 68) Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction, the City of Downey standards, and the Americans with Disabilities Act (ADA). 69) The owner/applicant shall obtain permits from the Public Works Department for all improvements within the public right of way at least two weeks prior to commencing work. Contact Brian Aleman, Associate Civil Engineer, at (562) 904-7110 for information. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 18 70) The owner/applicant shall remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. 71) The applicant shall be responsible for the installation of street markings indicating “Keep Clear” in front of the Foster Bridge Boulevard driveway entrance on the Southbound traffic lane. It shall be the responsibility of the applicant, and/or the owner, and/or the Home Owner’s Association to maintain such markings subject to obtaining an Encroachment Permit from the Public Works Department. The City may evaluate and request re-paintings or modifications based on the City’s traffic impact assessments at the sole cost of the applicant, and/or the owner, and/or the Home Owner’s Association. 72) The owner /applicant shall construct all driveway approaches as wide as the driveway or parking aisle they serve. All driveways serving as Fire Access shall have a minimum curb return radius of 28’ at its approach. Radius returns shall be submitted on public improvements plan(s) for review and approval by the Public Works Department. 73) The driveway approach along Suva Street shall be designated for right turns only when exiting onto Suva Street. At the owner's expense, signs shall be installed on-site and in the right-of-way indicating the turn restrictions to the motorist, prior to the issuance of the first certificate of occupancy. The locations of the signs shall be incorporated into the off- site improvements plan and approved by the Public Works Director, and designee, before issuance of a building permit. 74) The applicant, and/or the owner, and/or the Home Owner’s Association, shall be responsible for the installation of any traffic remediation devices on or off-site to prevent illegal left turns from the Suva Street exit. This shall apply in the present or the future if it is later deemed necessary by the Public Work Department. Any remediation services shall be installed and maintained at the sole cost of the applicant, and/or the owner, and/or the Home Owner’s Association. 75) The owner/applicant shall pave, with a 1.5-inch grind and overlay, the westbound lane on Suva Street and Foster Bridge Boulevard from the centerline of the street to the gutter along the property frontage. Pavement shall be to the standards of the Department of Public Works and with the appropriate permits and fees paid. 76) The facility design must provide for refuse/recycle enclosure with roof cover (location, size), should an enclosure is constructed in the present or the future, and would be subject to plan check review and permits. 77) If individual trash receptacles are proposed for each unit, trash receptacles shall be stored inside a specially designated space inside the garage. 78) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 79) 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 lot(s) 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 Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 19 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, reclaimed water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building, and it disposition. 80) The owner/applicant shall install pavement, which consists of a minimum section of 4” thick aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement. 81) Any utilities and/or above-ground utility structures that are in conflict with the development shall be relocated at the owner/applicant's expense. The owner/applicant shall coordinate the relocation with the utility owner and a proper Public Works permit will need to be pulled. 82) The owner/applicant shall submit will-serve letters from electrical, gas, sewer, water, solid waste, telecom, and all other utility purveyors that will service the development including, but not limited to: a) Southern California Edison b) Southern California Gas Company (SoCal Gas) c) Los Angeles County Sanitation Districts d) City of Downey Public Works Department e) Athens Services f) A regional telecom provider 83) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water service line, meter, and meter box for each unit. 84) The owner/applicant shall furnish and install a (min. 1-inch) dedicated water service line, meter, and meter box for the landscaping irrigation system. 85) The owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. 86) The owner/applicant shall design and install an adequately sized, privately-owned and ope rated onsite sewer main and sewer lateral system for each unit in the subdivision and shall provide that the design and improvements of sewers shall be to the standards of the City Building and Safety Division and Public Works Department. All privately owned and operated sewer laterals constructed within the City right-of -way for the purposes of connecting to the City sanitary sewer system shall be designed and constructed to the standards of the Public Works Department. The owner/applicant and/or HOA is responsible for the maintenance and repair of said on-site private sewer system. Septic systems are not acceptable. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 20 87) The owner/applicant is responsible for coordinating with and making the proper payment to the City and County Sanitation District of Los Angeles County for all sanitary sewer connection and capacity charges. 88) The owner/applicant shall provide separate sewer improvement plan sets for review and approval from the City of Downey Engineering Division prior to the start of construction. 89) The owner/applicant shall furnish and install dedicated fire protection lateral(s) including backflow devices, fire department connections, and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include the removal and/or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. Backflow devices shall be screened from street view by providing sufficient landscaping to hide them. 90) The owner/ applicant shall confirm the availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements. 91) The owner/applicant shall retrofit existing fire hydrant(s) in accordance to the latest Fire Department and Department of Public Works standards including but not limited to furnishing and installation of a new riser, fire hydrant head, and associated fittings. 92) The owner/ applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 93) 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. 94) Owner or tenant must establish accounts with the City Cashier prior to the City activating and the tenant using any fire and potable water service and meter. 95) The owner/applicant shall provide separate water improvement plan sets for review and approval from the City of Downey Utilities Division consisting of the following: a) Potable Water Improvement Plans (all City-owned potable water and fire service lateral improvements) Final City approved potable water main improvement plans shall be submitted on mylars and shall be signed and stamped by a State of California licensed civil engineer. Improvement plans for potable main improvement shall be both plan and profile. 96) Upon completion of water improvements, the owner/applicant shall submit red-lined construction plans to City noting all changes to the plan and profile of all water improvements installed. Such changes shall be incorporated into a final record drawing mylar which shall be signed and stamped by the original engineer and/or architect of record and submitted to the City along with digital files (AutoCAD – latest edition). Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 21 97) The Applicant shall comply with the National Pollutant Discharge Elimination System NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify and append Public Works standard “Attachment A” to all construction and grading plans as required by the LACoDPW Storm Water Quality Management Plan (SQMP). 98) Owner/applicant shall comply with the Low Impact Development requirements. The owner/applicant shall provide a separate Low Impact Development plan and report for review and approval from the City of Downey Engineering Division 99) If any hazardous material is encountered on the site that has the potential to reach the groundwater supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 100) If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA. 101) Submit an addressing plan for review and approval by the Community Development Department, Police and Fire Departments prior to submitting plans into plan check or obtaining permits. 102) Provide proof establishing that the Tract Map was created in accordance with subdivision requirements (deed prior to City incorporation with current metes and bounds description, City subdivision action, or other proof). 103) 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 the recordation of the tract or parcel map. The owner/applicant shall grant easements in the name of the City, including: a) Vehicular easements b) Walkway easements c) Drainage easements d) Utility easements 104) 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 a 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 to show 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. Attachment G Resolution No. 24 -4028 Downey Planning Commission PLN-23-00035 – 7360 Foster Bridge Boulevard May 1, 2024 - Page 22 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 recordation. One (1) Mylar copy of the filed map shall be submitted to the City Dept. of Public Works prior to the Certificate of Occupancy. e) Certificate of Occupancy is contingent upon the completion of the public improvements required in these conditions. If the improvements are not completed prior to the 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. f) The City reserves the right to impose any new plan check and/or permit fees approved by the 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 the form accepted by the city engineer shall be shown on the map. 105) 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. 106) The owner/applicant shall obtain all necessary plan approvals and permits. Attachment G Downey (Foster Bridge & Bluff) 33 Townhomes – Inclusionary Housing Plan Last Revised: 2/23/24 Introduction This Inclusionary Housing Plan for the Foster Bridge & Bluff 33 townhome development (the Project) proposed by Olson Urban Housing, LLC (Olson) is required pursuant to Downey Municipal Code Sections 1507 and 9512.22. The Community Development Director must approve the Inclusionary Housing Plan prior to deeming the Project complete for hearing. This plan provides the inclusionary housing details required for Downey’s Community Development Director’s review and approval. Affordable Housing Covenant Prior to issuance of a grading permit or building permit, whichever is requested first, a standard City affordability control covenant must be approved and executed by the Community Development Director, executed by the applicant, and recorded against the title of each inclusionary unit. For residential subdivisions, if subdivision into individual property parcels has not been finalized at the time of issuance of a grading permit or building permit, an overall interim affordability control covenant shall be recorded against the residential development, and shall be replaced by separate recorded affordability control covenants for each unit prior to issuance of a certificate of occupancy for such units. Project Summary As part of the Downey (Foster Bridge & Bluff) community, and subject to final City approval, Olson will construct 33 attached three-story townhomes. Three of these homes will be set aside for moderate income families at or below 120% of Area Median Income for LA County, as published annually by State HCD, less the applicable utility allowance provided by LA County, updated annually. Required Plan Elements: Number of Affordable Units – 3 Location of Affordable Units – See attached depiction below, showing units 29, 31, and 32 in building 4 as the income restricted units Structure Configuration – Attached Affordable Home Size – 3 bedroom / 3 bathroom (1,182 square feet) Market Rate Home Sizes – Range from 3 bed / 3 bath to 3 bedroom + den / 3.5 bath (1,489 – 1,781 sf) Income Limit on Affordable Homes – Buyers must make less than 120% of LA County Area Median Income (AMI), i.e., moderate income households Method to advertise availability of Inclusionary Units - In accordance with the City of Downey’s Affordable Housing Policies and Procedures, Olson will work with Downey Housing and Community Development staff to establish a sales procedure that will initially market the affordable homes to Downey residents and those who work in Downey, subject to all applicable Fair Housing Laws. For example, the townhomes could be advertised in a local newspaper or posted on another agreed upon media source, Attachment G (Exhibit B) for a period of 15 calendar days following the Phase 2 affordable sales release, which would give Downey residents (or those who work in Downey) a head start in submitting their application for purchase . Following that 15 day priority period, the affordable housing buyer pool would be opened to the general public. The final marketing procedure will be agreed to as part of the affordable housing covenant to be signed by Olson and the City of Downey, and recorded prior to issuance of building permits or grading permit. Phasing Plan - The location of the three affordable homes are in Phase II (located within building 4) per the DRE/Construction phasing map below, in units 29, 31, and 32. The affordable homes will be built right after Building 1 (facing Foster Bridge) is complete. Building 1 needs to be constructed first, as it contains the model homes and sales office. Market rate homes in buildings 2 and 3 will be constructed in Phase III. Modifications (Waivers) and Concessions Requested under State Density Bonus Law Pursuant to SDBL (Govt. Code Section 65915), because the Project will provide at least 10 percent of its base maximum units as inclusionary units, the Project may include the following benefits: 1. A five percent density bonus over the maximum allowed residential density; Attachment G (Exhibit B) 2. One mandatory concession/incentive;3. Waivers of development standards that would physically preclude the construction of the Project; and 4. Applicable mandatory maximum residential parking standards. Please note that under SDBL, in order to encourage the development of housing, and affordable housing in particular, SDBL defines a "density bonus" as an increase over the City's "otherwise maximum allowable gross residential density" as of the date of the application. (Gov. Code Section 65915(f)). Downey Municipal Code Section 9128 defines gross density as “the total number of dwelling units divided by the total (gross) area of the site.” As such, the Project utilizes SDBL’s gross residential density definition, consistent with Gov. Code Section 65915(f). The proposed ten percent moderate income units also result in a five percent density bonus. The R-3-O zone in Downey calculates density using 1,815 per unit, and is calculated as follows: Allowable Density 1.29 ac (Gross) x 43,560 = 56,029 (gross SF per TTM) / 1,815 = 30.86 (base density) 30.86 x 1.05 (density bonus) = 32.413 Round up to 33 units total. Utilization of net density would physically preclude the Project, as proposed since it would result in a base density of 29.51 dwelling units. Government Code Section 65915(f) requires the use of gross density in State Density Bonus Law projects, such as this one. Further, Government Code Section 65915(r) requires the City to maximize the production of housing units. Please see attached recent Technical Advisory Letters from the California Department of Housing and Community Development to the cities of Watsonville and Agoura, respectively, mandating the use of gross density in State Density Bonus Law projects. Affordable Requirement 30.86 (base density) x ten percent (inclusionary affordable requirement) = 3.086 units. 3 affordable units will be provided on site, and a 0.086 fractional unit is proposed to be paid as an in lieu fee as discussed, with Staff and the City Attorney’s office. As noted below, Olson will pay the fractional lieu fee and use the one concession allowed under SB1818, to facilitate the 3 moderate units + fractional in lieu fee to meet the density bonus threshold of 10% moderate income units. Note: Olson proposes to comply with the State Density Bonus Law requirement of ten percent moderate income units on-site, consistent with the City of Downey’s Inclusionary Housing Requirement. As shown in Table 2.8 of the City's Housing Element, the City has a Regional Housing Needs Allocation ("RHNA") of 915 moderate-income units and 2,585 above-moderate income units. The Project, with its density bonus, would help the City achieve its housing goals. Incentives/Concessions Because the Project provides ten percent of its base maximum units for low income households, it may access one concession/incentive.1 A concession is defined to include, among other things, “reduction in site development standards or a modification of zoning code requirements or architectural design requirements,” including a reduction in setbacks and square footage requirements, and “[o]ther regulatory incentives or concessions proposed by the developer or the city, county, or city and county Attachment G (Exhibit B) that result in identifiable and actual cost reductions to provide for affordable housing costs."2 As indicated above, the Project would pay a fractional in lieu fee for the 0.086 moderate income dwelling unit. Providing an in lieu fee for the less than 0.10 dwelling unit would make the Project more financially feasible and thereby reduce the cost of providing affordable housing. 1 Govt. Code Section 65915(d)(2)(A). 2 Govt. Code Section 65915(k). Modifications/Waivers In addition to a limited number on concessions/incentives, SDBL specifies that a project may access a waiver from “any development standard that will have the effect of physically precluding the construction of a development . . . at the densities or with the concessions or incentives permitted by this section.”3 Waivers are separate from and additional to concessions/incentives, are unlimited, and approval is required if the standard would preclude development of the Project at its permitted density and with its incentives/concessions incorporated. 3 Govt. Code Section 65915(e)(1). Front Setback along Suva Street – Waiver Request The front yard required setback per Downey Municipal Code (Section 9312.08 Table 9.3.4) under the R3O zone is 15’. However, based on difficult site geometry and movement in the building elevation, the front setback is varied, with a minimum setback of 12.9’ as depicted on the site plan. Providing a 15 foot front yard setback would result in the reduction of nine dwelling units facing Suva Street. Olson requests relief through a waiver under SDBL to allow for this reduced setback, given that without the waiver of the front yard setback, a significant number of dwelling units would face elimination. Rear Setback to Adjacent R-1 Use – Waiver Request As noted under rear yard minimum setbacks in Downey Municipal Code (Section 9312.08 Table 9.3.4), if an R-3 community abuts an R-1 zoned property, the setback from a three-story building to the property line is 46’. The site plan has been carefully designed to maximize the rear yard setback, with landscape buffering at the property line. However, providing the full 46 foot rear yard setback would cause the loss of at least six dwelling units. The Project would provide a minimum rear yard setback of 37.5’. Olson requests relief under a waiver to allow for this reduced setback. Without the waiver the Project would not achieve the allowable density and the affordable housing Project would be infeasible. Side Yard Setback Adjacent to R-1 Zoned Property – Waiver Request Olson requests a waiver for a reduced side yard setback (DMC Section 9312.08). The interior side setback along the storage is typically five foot minimum in the R3O zone, but there is a footnote in Table 9.3.4 that requires the interior side yard setback to be ten feet when abutting an R1 zone. While a storage use is typically commercial, the storage facility is located within an underlying R1 zone. If the Project were to provide a ten foot side yard setback adjacent to the storage use, at least three dwelling units would be lost, along with private open space, important amenities for the Project. Private and Common Open Space – Waiver Request Attachment G (Exhibit B) The community open space design provides a combination of common and private open space areas. While sufficient space is provided (6,958 provided with 6,600 required – see sheet L.4), it does not meet the minimum dimension specified in Downey Municipal Code (Section 9312.08(b)(10)) which is 15’ for common and 10’ for private open space. Therefore, Olson requests a waiver under SDBL of the minimum open space dimensions. Private open spaces include a combination of front patios and second floor balconies on some of the interior units, which enhance the community and promote indoor-outdoor living. The common area features a network of landscaped paseos which provide an attractively landscaped interior, while providing pedestrian connections from front entries to the public streets. If the Project were to provide the required minimum dimensions for the open space, the Project would lose approximately 6 dwelling units. Building Height – Waiver Request Olson requests a waiver under the SDBL to allow an increase in height of structures to a maximum of 40’ above the lowest adjacent grade in lieu of the R-3-0 (R3 ownership) height limit of 35 feet. The five foot increase in height requested is due to grade transitions along Foster Bridge Road and Suva Street which create steps in the building to address grade, and to allow room for HVAC equipment inside the attic spaces. The proposed three-story townhomes are set back 37.5’ from the northerly property line which is shared with an adjacent single family home, thereby creating sufficient distance from this use. If the Project were to be reduced to 35 feet in height, the top level of the Project’s buildings would need to be eliminated, thereby physically precluding the Project as proposed. Olson has thus far identified the need for four modifications/waivers and one concession:  Waivers o Front Yard Setback on Suva Street – 15’ (reduce to 12.9’ min) o Rear Setback Reduction at North property line – 46’ (reduce to 37.5’ min) o Waiver of Common (15’) and Private Open Space (10’) minimum dimensions o Building height waiver, increasing the maximum height from 35’ to 40’.  Concession - Payment of affordable in lieu fee for fractional unit Olson may also require further waivers through the City's application review and approval process prior to the City determining the application is complete. Gross Density Pursuant to Government Code Sections 65915(f) and 65915(r), no waiver is necessary to deviate from the City’s net density calculation. This position is further endorsed by the California Department of Housing and Community Development’s Technical Assistance Letters to the cities of Watsonville and Agoura. Nevertheless, while not required pursuant to State Law, Olson conservatively requests a waiver of the City’s net density provision in the Downey Municipal Code and requests the use of gross density. Without relief from the development standard, the Project would be precluded from developing several dwelling units. Mandatory Parking Reduction Attachment G (Exhibit B) Pursuant to Govt. Code Section 65915(p), the Project is entitled to an applicable maximum parking requirement of one space per zero to one bedroom unit, 1.5 spaces per two to three bedroom units, and 2.5 parking spaces for the four bedroom units, inclusive of all guest parking. The Project is entirely three bedroom units, requiring 49.5 parking spaces (1.5 x 33), rounded to 50 parking spaces, per SDBL. The Project would provide 66 garage parking spaces and five guest parking spaces, exceeding SDBL’s parking requirements by 21 parking spaces. Any 4th bedroom options that are selected by buyers would increase the minimum parking requirement by one space per unit. Please note that ample additional street parking for guests is available along the Project frontage on Foster Bridge Blvd. & Suva Street. Master Affordable Housing Covenant The Inclusionary Housing Plan terms will be formalized in a master covenant between the City of Downey and Olson (or affiliated Olson ownership entity), which will be recorded, and released upon the successful sale of the three affordable homes to qualified moderate-income buyers. Attachment G (Exhibit B)