HomeMy WebLinkAbout1. PLN-13-00069 7634 Stewart and GraySTAFF REPORT
DATE: AUGUST 21, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -13 -00069 (SITE PLAN REVIEW, TENTATIVE TRACT MAP, AND
VARIANCE) — A REQUEST TO SUBDIVIDE A PARCEL IN ORDER TO
CONSTRUCT NINE TOWNHOMES AND TO DEVIATE FROM THE VARIABLE
HEIGHT REQUIREMENT.
LOCATION: 7634 STEWART AND GRAY RD (AIN 6246 - 012 -101 & 6246 - 012 -009)
ZONING: R -3 -0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP)
REPORT SUMMARY
The proposed request is for a Site Plan Review, Variance, and Tentative Tract Map No. 72667 in
order to subdivide two parcels and construct a nine (9) unit townhome development. This
includes eight (8) 1,542 square foot units that are three - stories tall with four bedrooms, four
bathrooms, and a two car garage. The ninth unit is a 945 square foot two bedroom, two bathroom
unit with a two car garage. Additionally, there are six guest parking spaces and approximately
2,655 square feet of common open space. The proposal includes a request to deviate from the
requirements of Municipal Code Section 9534.24 (Variable Height). Based on the analysis
contained within this report and staff's July 3, 2013 report, staff feels that all required findings to
approve the project can be made in a positive manner; as such, staff is recommending the
Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, VARIANCE, AND TENTATIVE
TRACT MAP (PLN -13- 00069), THEREBY ALLOWING THE CONSTRUCTION
OF NINE TOWNHOMES AND A DEVIATION TO THE VARIABLE HEIGHT
REQUIREMENTS ON PROPERTY LOCATED AT 7634 STEWART AND GRAY
RD, ZONED R -3-0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP).
BACKGROUND
On July 3, 2013, the Planning Commission conducted a public hearing (minutes attached) on a
proposed nine unit townhome development on the subject site. Each of the nine was proposed
as 1,542 square foot three story units with two -car garages. Additionally, the applicant was
proposing to construct five guest parking spaces on the site and 2,815 square feet of useable
open space on the site. As part of the application, the applicant was requesting to deviate from
the variable height requirements for R -3 -0 zone developments that are adjacent to the R -1
zoned properties.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
During the public hearing, one neighbor spoke in opposition to the request, citing privacy
concerns that the three story structure would have on his property. Likewise, the Planning
Commission expressed concerns about privacy issues and the need for the Variance. As a
result of the discussion, the Planning Commission continued the application to give the
applicant time to address the concerns raised during the hearing.
On August 8, 2013, notice of the continued public hearing was published in the Downey Patriot and
mailed to all property owners within 500' of the subject site.
DISCUSSION /ANALYSIS
As noted in the July 3, 2013 Planning Commission Staff Report (attached), staff is of the opinion
that the project would benefit the area and that all of the required findings could be made in a
positive manner. Notwithstanding this, the Planning Commission expressed concerns about being
able to adopt the Variance findings due to potential impacts on the neighboring properties. In
addition to the privacy concerns raised, the Planning Commission inquired about other three story
structures in the area.
To address the concerns raised during the hearing, the applicant has redesigned the project
slightly to minimize the amount of deviation to the variable height limits. The southernmost unit on
the five unit building (building located on the east side of the site) has been reduced in size and is
now a two story building. In addition, the applicant has combined the two 2 -unit buildings on the
west side of the driveway into a single four -unit building. These changes result in all three -story
portions of the buildings being not less than 72' from the R -1 zoned properties. Furthermore, the
reconfiguration allowed the applicant to increase the amount of guest parking from five spaces to
six spaces. Notwithstanding this, portions of the structures still exceed the variable height limits
(see following picture).
In conjunction with the recommended conditions of approval requiring that the south facing
windows be an opaque glass and that mature trees are planted along the rear property line to
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August 21, 2013 - Page 2
help screen the view of the buildings from the neighbors, it is staff's continued opinion that the
variance is justified and can be approved.
As previously noted, the Planning Commission inquired during the public hearing about other
three -story structures in the area. Staff conducted a windshield survey of all properties on
Stewart and Gray between Paramount Blvd and Old River School Rd, and found two other
properties that have been developed with three -story structures (7546 & 7929 Stewart and Gray
Rd). Although these properties have been graded to locate the level of the first floor below the
street level. Furthermore, based on a review of similar developments over the past ten years,
staff has noted that three -story multi - family residential buildings are not uncommon in Downey
CORRESPONDENCE
As of the date that this report was printed, staff not has received any correspondence regarding
this project.
CONCLUSION
Based on the additional analysis contained within this report and the complete project analysis
contained in the July 3, 2013 Staff Report, staff is concluding that construction of the nine
townhomes will not create significant adverse impact to the area, provided that all conditions of
approval are adhered to. Furthermore, staff believes that all required findings can be made in a
positive mariner. As such, staff is recommending that the Planning Commission approve the
Site Plan Review, Variance, and Tentative Tract Map (PLN -13- 00069), subject to the
recommended conditions of approval.
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, VARIANCE, AND
TENTATIVE TRACT MAP (PLN -13- 00069), THEREBY ALLOWING THE
CONSTRUCTION OF NINE TOWNHOMES AND A DEVIATION TO THE
VARIABLE HEIGHT REQUIREMENTS ON PROPERTY( LOCATED AT 7634
STEWART AND GRAY RD, ZONED R -3 -0 (MULTI- FAMILY RESIDENTIAL,
OWNERSHIP).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On March 26, 2013 the applicant submitted an application requesting to construct nine
units on the subject property. After a complete review of the request, staff deemed the
application complete on April 25, 2013; and,
B. On June 6, 2013, notice of the pending application published in the Downey Patriot and
mailed to all property owners within 500' of the subject site; and,
C. On June 19, 2013, the Planning Commission opened a public hearing on the matter, but
due to an error in the newspaper advertisement, the Planning Commission continued the
request to allow staff additional time to re- publish the notice. On June 20, 2013, notice
of the public hearing was re- published in the Downey Patriot, and,
D. The Planning Commission held a duly noticed public hearing on July 3, 2013, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing the Planning Commission continued the request to a date
uncertain to allow the applicant time to address issues raised at the public hearing; and,
E. On August 8, 2013, notice of the continued public hearing published in the Downey
Patriot and mailed to all property owners within 500' of the subject site; and,
F. The Planning Commission held a duly noticed public hearing on August 21, 2013, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In -Fill Development
Projects).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Tentative Tract Map, the Planning Commission further finds,
determines and declares that:
That the proposed map is consistent with the General Plan. It is an objective of the
City's Housing Element (Program 5) to increase the overall housing stock within the City.
Resolution No.
Downey Planning Commission
This includes providing sufficient housing to meet the City's share of the Regional
Housing Needs Assessment (RHNA). By allowing the proposed project to be
constructed there will be an increase the housing inventory by seven units.
Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of
properties." Removal of the two older homes and construction of the newer townhomes
will not only upgrade the subject site, but will serve to upgrade all the surrounding
properties, as it will enhance the streetscape. For these reasons, approval of the
Tentative Tract Map is consistent with the goals, policies, programs, and land uses of
applicable elements of the General Plan.
2. That the site is physically suitable for the type and density of development. The subject
site is a 19,470 square foot parcel, which exceeds the 10,000 square foot minimum lot
size in the R -3 -0 zone. Based on the size of the parcel, under the current code, the
applicant could construct up to 10 units; whereas he is only proposing nine units. The
overall site plan has been designed to accommodate the units, as well as sufficient
parking, landscaping, and open space.
3. That the design of the subdivision or type of improvements is not likely to cause serious
public health problems. The proposed subdivision is to allow a nine unit townhouse
development. As part of the site design, the applicant is including community open
space area. This amenity will encourage residents of the community to spend more time
outdoors and live a more active lifestyle.
4. 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 existing site is improved with two single family
residences. There are no public access easements through or across the site.
Additionally, the City has reviewed the request and determined that the approval of the
map will not conflict with utility easements on the site.
5. That the design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure wildlife or their
habitat. The existing site is improved with two single family residences, with landscaping
being limited to ornamental and grass. There are no known areas within the City that
host wildlife or their habitat, most particularly species identified as a candidate, sensitive,
or special status species.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
The site plan is consistent with the goals and polices embodied in the General Plan and
other applicable plans and policies adopted by the Council. It is an objective of the
City's Housing Element (Program 5) to increase the overall housing stock within the City.
This includes providing sufficient housing to meet the City's share of the Regional
Housing Needs Assessment (RHNA). By allowing the proposed project to be
constructed there will be an increase the housing inventory by seven units.
Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of
properties." Removal of the two older homes and construction of the newer townhomes
will not only upgrade the subject site, but will serve to upgrade all the surrounding
properties, as it will enhance the streetscape.
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Resolution No.
Downey Planning Commission
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. One of the purposes of the zoning code is
to allow development of properties, while avoiding impacts of the adjoining area. More
specifically, the intent of the R -3 -0 zone is to provide for the development of multiple -
family residential living areas compatible with the neighborhood environment and
outdoor recreation potential of the community. The proposed project will create a new
nine unit townhome development to replace two aging single family homes. The
applicant has designed the community in a manner that accomplishes all of the goals of
the General Plan and Zoning Code, while avoiding significant impacts to the neighboring
properties by utilizing proper site design, good architecture, and providing community
open spaces. Furthermore, the proposed design will enhance the streetscape, thus
providing a pleasing aspect to those driving on Stewart and Gray Rd.
3. 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 applicant
is proposing to use a Craftsman architectural style, which includes the use a cross gable
roof; a combination of horizontal, vertical, and stucco siding; multi -paned windows and
doors; and decorative brackets under the eaves. The architectural style will serve to
enhance the site and provide an aesthetic enhancement to the entire area, since it is an
overall upgrade to the property and it augments the quality of the streetscape.
4. 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.
"fhe proposed site layout includes a single vehicle access with central driveway to all of
the units that is wide enough to allow two way traffic and sufficient room for pedestrians.
Notwithstanding this, the complex is only nine units, which typically does not generate
excessive traffic that would create a hazard. Accordingly, 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 have been properly considered in
this request.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities. In
the City of Downey, there are a virtual plethora of architectural styles, particularly in this
area. "fhe proposed architecture is a Craftsman style, which includes the use a cross
gable roof; a combination of horizontal, vertical, and stucco siding; multi -paned windows
and doors; and decorative brackets under the eaves. After a review of other buildings in
the area, it was noted that this style is not prevalent in the area. Nevertheless, it is the
finished materials and colors being proposed by the applicant will allow the buildings to
blend nicely with the architectural styles of the other buildings. Therefore, the proposed
architectural style is neither dissimilar nor monotonous from other buildings in the area
and that this project will upgrade the overall appearance of the site and, in turn, improve
the community appearance.
6. 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. Currently, the subject site is
improved with two single - family homes that were built in the 1950's, which have a chain
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Resolution No.
Downey Planning Commission
link fence along their frontages. By approving the project the existing homes will be
replaced with new townhomes that will serve to upgrade the site, as well as surrounding
properties. Furthermore, this project will result in an aesthetically pleasing streetscape
with new architecture, landscaping, and elimination of the chain link fences. This
development will promote the public health, safety, and welfare of those who work or
reside in the area.
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. As part of this project several conditions of
approval have been included to require the use of graffiti resistant materials in the
construction of the building. Should any graffiti appear on the site, an additional
condition of approval has been included to have the applicant have it removed within 48
hours of application. With these conditions, staff feels that the design features will
include be in accordance with Section 4960 of the Municipal Code.
SECTION 5. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Variance, the Planning Commission further finds, determines
and declares that:
1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to
the land, structure, or building involved and which are not generally applicable to other
lands, structures or buildings in the same vicinity and zone. The subject site has a
uniquely different from the other properties in the same zone and vicinity that have been
developed with multi - family homes. The site is shallower than and not as big as the
adjoining sites. In order to achieve the desired density and meet the setbacks, the
applicant has created a design that must maximize the allowable height of the zone (35'
and three stories). In order to meet the variable height requirement, the applicant would
need to be setback from the rear property line approximately 100'. If the parcel was as
wide as it is deep, it would be larger and the applicant could have designed the
townhomes to meet the requirement. This creates a unique circumstance that is
peculiar to the land that is not generally applicable to others in the same vicinity and
zone.
2. That the literal interpretation of the provisions of this article would deprive the applicant
of rights under the terms of this article commonly enjoyed by other properties in the
same vicinity and zone in which the property is located. In order to meet the
requirements of the code, the applicant would have to reduce the number of units being
built; whereas, other property owners in the same vicinity and zone have been allowed
to build to their maximum allowed density. An analysis was conducted of all entitlements
issued to the properties within the R -3 and R -3 -0 zones that are between Rives Ave and
Pomering Rd. Of the 19 parcels (include the two subject parcels), nine have had some
sort of a deviation approved as part of their entitlements. Most of these deviations are
for the variable height and rear yard setback standards. Accordingly, the literal
interpretation of the provisions of this article would deprive the applicant of rights under
the terms of this article commonly enjoyed by other properties in the same vicinity and
zone in which the property is located.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. The configuration of the parcel exists and was not created by
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Resolution No.
Downey Planning Commission
the applicant. In fact, the applicant is combining two parcels to increase the size and
width of the development site.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the same
vicinity and zone in which the property is located. An analysis was conducted of all
entitlements issued to the properties within the R -3 and R -3 -0 zones that are between
Rives Ave and Powering Rd. Of the 19 parcels (include the two subject parcels), nine
have had some sort of a deviation approved as part of their entitlements. Most of these
deviations are for the variable height and rear yard setback standards. Based on this
analysis, approval of the variance will not grant a special privilege that is denied to other
lands, structures, or buildings in the same vicinity and zone in which the property is
located.
5. The granting of such variance will be in harmony and not adversely affect the General
Plan of the City. It is an objective of the City's Housing Element (Program 5) to increase
the overall housing stock within the City. This includes providing sufficient housing to
meet the City's share of the Regional Housing Needs Assessment (RHNA). By allowing
the proposed project to be constructed there will be an increase the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." Removal of the two older homes and construction of the
newer townhomes will not only upgrade the subject site, but will serve to upgrade all the
surrounding properties, as it will enhance the streetscape.
6. That the reasons set forth in the application justify the granting of the variance and that
the variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure. The proposed project meets all development code
standards, except the variable height requirements. To reduce the amount of deviation
needed, the applicant pushed the buildings up to the front property line and reduced the
width of each unit to the lowest amount feasible. This change brought the buildings
further away from the rear property line, in which the variable height is measured. The
applicant has done everything possible to reduce the need of the variance, while
creating a project that is feasible for the project site.
SECTION 6. Based upon the findings set forth in Sections 1 through 5 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Tentative
Tract Map, Site Plan Review, and Variance (PLN -13- 00069), 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.
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Resolution No.
Downey Planning Commission
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21St day of August, 2013.
Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 21 St day of August,
2013, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No.
Downey Planning Commission
TENTATIVE TRACT MAP NO 72667, SITE PLAN REVIEW
AND VARIANCE (PLN -13- 00069)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Tentative Tract Map No. 72667, Site Plan Review, and Variance
(PLN -13- 00069) allows for the construction of a of nine unit townhouse development and
to deviation from Municipal Code Section 9534.24 (Variable Height). Eight of the units
shall be 1,542 square feet and shall have a two car enclosed garage. The ninth unit
shall be 945 square feet and shall have a two car garage.
2) Approval of this Tentative Tract Map No. 72667, Site Plan Review, and Variance (PLN -
13- 00069) 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.
3) 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.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) Prior to the issuance of building and /or grading permits, the Final Tract Map shall be
approved by the City and recorded with the County of Los Angeles.
6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
There shall be no construction on the site outside of these hours.
7) All lights on the property shall be directed, positioned, and /or shielded such that they do
not illuminate surrounding properties and the public right -of -way.
8) The approved architectural style shall be Craftsman, as noted in the approved plans.
The finished color and material shall be as follows:
Finished Material and Color
Material Color
Stucco Sherwin Williams — Pure White SW 7005
Lap and Board & Batten siding Sherwin Williams — Unique Gray SW 6260
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Resolution No.
Downey Planning Commission
Fascia, corbels, and other trim on
lap and board & batten siding
Sherwin Williams — Pure White (SW 7005)
Trim on stucco
Sherwin Williams — Unique Gray SW 6260
Garage Doors
Sherwin Williams — Unique Gray SW 6260
Entry Doors
Sherwin Williams — Slate Tile SW 7624
Roof
G.A.F. — Timberline — Charcoal
Changes to the facades and /or colors shall be subject to the review and approval of the
City Planner.
9) There shall be no roof mounted equipment permitted at any time.
10) All attic venting shall be architecturally consistent with the buildings, as determined by
the City Planner. Dormer vents and /or turbine vents shall not be permitted.
11) All south facing windows on the third floor (facing the R -1 zoned properties) shall have
opaque glass.
12) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
13) Any graffiti applied to the site shall be removed within 48 hours.
14) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
15) Prior to the issuance of building permits, the applicant shall obtain approval from the City
Planner of all landscaping. The size and number of landscaping shall meet the
requirements of Municipal Code Section 9520. The mature trees (36" and 48" box trees)
shall be planted along the rear property line to screen the view of the building from the
neighboring property. Trees that have large canopies and maintain foliage year round
shall be preferential for the trees along the rear property line. All landscape shall be
installed and permanently maintained.
16) All above grade back -flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right -of -way.
17) The applicant shall comply will the following construction provisions of the Mitigation
Monitoring Program adopted for the General Plan EIR (SCH 2004031159):
a) Future development projects shall include suppression measures for fugitive dust
and those associated with construction equipment in accordance with SCAQMD
Rule 403 and other AQMD requirements. Prior to issuance of each grading or
demolition permit, the project property owner /developer shall obtain the
appropriate permits From the SCAQMD and submit them to the City.
b) Future development projects shall adhere to the requirements of SCAQMD Rule
1403 (Asbestos Emissions for Demolition / Renovation Activities) for projects
where demolition is anticipated.
c) Water all active construction areas at least twice daily.
d) Cover all haul trucks or maintain at least two feet of freeboard.
e) Pave or apply water four times daily to all unpaved parking or staging areas
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Resolution No.
Downey Planning Commission
f) Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
g) Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material
h) Suspend all operations on any unpaved surface if winds exceed 25 mph
i) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for
more than 96 hours after clearing is completed.
j) Require 90 -day low -NOX tune -ups for off -road equipment.
k) Limit allowable idling to 10 minutes for trucks and heavy equipment
1) Limit individual construction sites to less than 10 acres for extended, continuous
construction.
m) Encourage car pooling for construction workers.
n) Wet down or cover dirt hauled off -site.
o) Encourage receipt of materials during non -peak traffic hours
18) All walls on the property shall be stucco or decorative block, as approved by the City
Planner.
19) Prior to the Final of building permits, the applicant shall record CC &R's on the property to
govern the maintenance, repair, and improvement of all common areas. This shall
include, but may not be limited to, the landscaping, all utilities, exterior of buildings,
exterior lighting, internal streets and walkways, and pool area. Additionally, the CC &R's
shall require all trash receptacles to be stored in the garages of the units (except during
pick up day), require all garages be maintained in a manner to accommodate two
vehicles at all times, and require all guest parking spaces be duly marked and not
assigned to the residents. CC &R's shall run with the land and shall not expire. Prior to
the recording of the CC &R's, the applicant shall submit the CC &R's to the City Attorney
for review and approval. A copy of the recorded CC &R's shall be provided to the City
Planner to be included with the project file.
20) The driveway entrance on Stewart and Gray Rd shall have an enhanced paving (pavers
or stamped color concrete). The City Planner shall review and approval final enhanced
paving prior to installation.
21) There shall be no gate across the driveway.
BUILDING
22) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
23) 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 beginning operation of the site.
PUBLIC WORKS
28) The owner /applicant shall install one new 9500 -lumen high - pressure sodium street lights
with full -cutoff fixture optics on new marbelite standard with underground service along
the property frontage. The applicant shall also remove the existing street light on wood
pole. Prior to the installation of the lights, the applicant shall obtain all necessary permits
for the Engineering Division.
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Resolution No.
Downey Planning Commission
29) 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.
30) All onsite utilities shall be installed underground.
31) 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.
32) 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 have 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; 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 its disposition.
33) The owner /applicant shall construct/install curb, gutter, sidewalk, disabled ramps,
portland cement concrete driveway approaches, street trees (24 -inch box with 2 -inch
diameter trunk), and pavement along all property frontage to the standards of the
Department of Public Works. Broken, uneven, or sub - standard curb, gutter, sidewalk,
driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the
Public Works Department. Contact the Public Works Inspection Office at (562) 904-
7110 to have these areas identified just prior to initiating a grading plan. 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.
34) 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.
35) 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.
36) All areas within the scope of work of this project 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, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 10
Resolution No.
Downey Planning Commission
owner /applicant shall provide a design that conveys all onsite drainage over a vegetative
Swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain
37) The owner /applicant shall install a sewer main and sewer lateral (to the front property
line), 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.
38) The Qwner /applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
39) 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 Tract Map on a CD -ROM media.
40) The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
41) The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
42) 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.
43) The owner /applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
44) 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.
45) The owner /applicant shall furnish and install fire hydrant(s) and 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 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 it.
46) 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.
47) The owner /applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 11
Resolution No.
Downey Planning Commission
Department of Public Works.
48) The owner /applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County ( CSDLAC).
49) The owner /applicant shall furnish and install the public sanitary sewer improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
50) The owner /applicant is responsible for coordinating with, and payment(s) to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
FIRE DEPARTMENT
58) Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
59) A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a 'Deferred Submittal" in which
additional requirements to meet the code may be added.
60) All fire lanes shall be clearly identified including the use of red curbs and signs. All fire
access shall require turn around area for fire apparatus, as approved by the Fire Chief.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 12
I
L
c
MINUTES
Ff, REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, July 03, 2013
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
A Regular meeting of the Planning Commission was called to order on July 03, 2013, at 6:30 p.m. at Downey
City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was cal!j►
COMMISSIONERS PRESENT:
Jim Rodriguez, District 5
Robert Kiefer, District 2, Vice
Louis Morales, District 3, CFy
Hector Lujan, District 1
COMMISSIONERS ABSENT: Matias Flores, DisWM 4
an
OTHERS PRESENT: Brian Saeki, actor of Community Development
Yvette Ab' - Garcia, City Attorney
/OUNCEMEENTS; is, City Planner
enthal, Senior Planner
agh, Secretary
PLANNING COMMISSION; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEET ING ssioner Rodriguez requested a future agenda item for staff to
analyze the parking situatio evelopments as soon as possible.
PRESENTATIONS:
REPORT ON CITY OUNCIL ACTION: Director of Community Development Brian Saeki reported three
items: 1) The ap al of the Planning Commission's denial for a Variance was continued to their August 13,
2013 me/be the introduction of the ordinance to amend the CP zone to include live entertainment was
approved City Council and, 3) the City Council introduced an Economic Development ordinance, which
set the Cnomic Strategy for going forward.
PUBLIC HEARINGS:
1. PLN -13- 00069: (Site Plan Review, Tentative Tract Map, and Variance) Chairman Morales opened the
public hearing for PLN -13- 00069. Ms. Cavanagh affirmed proof of publication.
Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a request for approval of
a Site Plan Review, Variance, and Tentative Tract Map No. 72667 to subdivide two parcels and construct
a nine (9) unit townhome development at 7634 Stewart and Gray Rd. The townhomes are each three -
story units with four bedrooms, four bathrooms, and a two car garage. The property will include five guest
parking spaces and approximately 2,800 square feet of common open space. The proposal includes a
request to deviate from the requirements of Downey Municipal Code Section 9534.24 (Variable Height).
The property is zoned R -3 -0 (Multi - family Residential Ownership), which would require individual
ownership of each unit. Apartment buildings would not be allowed. Staff has addressed previous
concerns of the Planning Commission regarding parking by placing conditions that the CCBR require that
the garages and guest parking spaces are used as such, and would be enforced by the Homeowners
Association (HOA). Staff has also addressed the issue of privacy by placing conditions that would
require the windows located at the rear of the property be an opaque glass, and that mature 48" box
Planning Commission Minutes 9 July 3, 2013
trees be placed along the rear property line to help screen the view of the buildings from neighbors.
Based on the analysis provided in the staff report, staff feels that all required findings can be made in a
positive manner, and is thereby recommending approval of the project.
Applicant Ed Bonnani, Bonnani Development appeared to answer any questions regarding the project.
Mr. Bonnani began by giving thanks to Mr. Blumenthal and staff for all the hard work in bringing this
application forward, and he accepts all conditions of approval. Mr. Bonnani stated that he developed
other townhome units in Downey; however, this is the first three -story development. He believes the
townhomes being zoned as required ownership would have a great impact on the HOA enforcement of
the parking requirements and maintenance of the landscaping that would minimize the view of the
townhomes by neighbors.
The Commissioners stated their concerns with the project as follows:
1. Three -story units would invade the privacy of the neighbors and the visual enjoyment of their
backyards.
2. The number of units /and bedrooms proposed for an area that is heavily populated area.
3. Parking would continue to be an issue. A two -car garage would not be enough parking for a four -
bedroom dwelling unit and would therefore increase an already parking congested and heavily
traveled street such as Stewart and Gray Rd.
Chairman Morales called for those in the audience to speak for or against the project.
Dennis Spain [sic] residing at 7635 Nada Street expressed his opposition of the request; his home is
located to the rear of the project site and he believes there will be issues with privacy, and is not happy
with the idea of such a large complex facing his back yard.
Mr. Bonnani stated that he would be happy to meet with Mr. Spain to discuss any issues and possible
solutions to address his concerns, and reiterated the conditions that were agreed to in addressing the
privacy of the neighbors by not only have a 46 foot set back, with mature box trees, but also providing
opaque glass for windows located at the rear of the building.
Chairman Morales closed the public hearing.
Commissioners Rodriguez, Lujan and Vice Chairman Kiefer, were all in agreement that the project was
beautiful; however, they felt that the three -story structure would be too much for the neighborhood as far
as privacy and parking issues. They are not comfortable about granting the request for the Variance. In
addition, the area is already heavily populated, which leads them to question whether the structure could
possibly be made smaller.
Chairman Morales commented that this is a nice project and is in favor of the project. He stated that the
applicant has provided accurate parking according to the Code, and the privacy issue for the neighbors
was addressed by placing landscaping and opaque glass for the windows facing the rear.
Chairman Morales reopened the public hearing called the applicant forward.
The Commission asked Mr. Bonnani if he would be willing to revise his application and redesign the
project to reduce the size and /or number of units to address the concerns brought up by both the
Commission and neighbors. Mr. Bonnani agreed to a continuance of the project to a date uncertain in order
to redesign the project and work with staff in addressing the concerns of the Commission and neighbors.
Chairman Morales closed the public hearing.
-2-
C
Planning Commission Minutes
M)
July 3, 2013
It was moved by Commissioner Rodriguez and seconded by Vice Chairman Kiefer, to continue the item PIN -
13 -00069 to a date uncertain, and allow the applicant to work with staff to address some of the concerns of the
Commission and incorporate them into a redesign of the project.
2. PLN- 13- 00102: (Tentative Parcel Map) Chairman Morales opened the public hearing for PLIy/13 -00102
and Ms. Cavanagh affirmed proof of publication. Y
Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a req t to subdivide a
30,051 square foot parcel into three approximately 10,000 square foot parcels. This r jest has been
brought before the Planning Commission previously, and the Tentative Parcel Map . 65067 was
approved on October 31. 2005. However, due to the economic downturn the appl' nt was not able to
complete the process and the tentative map expired. Mr. Blumenthal stated the ity is requiring that the
existing structure that would overlay the new property lines be demolished or ved to a location that
complies with the current development standards of the future lots, as well a small dedication at the
comer (42 square feet), which will reduce the lot size to 30,009 square fee
Based on the analysis contained within the staff report, and provided to all conditions of approval are
adhered to, staff is recommends approval of the Tentative Parcel M (PLN -13- 00102).
Hugo Hernandez acted as translator for the Applicant, Aidee Lop , 9306 Gallatin Rd, Downey. Mr.
Hernandez stated that Ms. Lopez agreed to the conditions of a roval, and that the map had already
been approved, but expired because of the economy.
The Commissioners asked what the intentions are for the ?use and the new lots, to which Mr.
Hernandez responded by saying that they are not sure this time whether they will be moving the house
or demolishing it; they have to see which would be m cost effective. Due to the expense of
maintaining a large house and lot, they will be devel ing new houses on each lot.
Chairman Morales called for those in the audiengg to speak for or against the project.
William Barnes, 9321 Gainford Street, Down ,appeared to speak in opposition of the project. Mr.
Barnes stated his concems with new devel ments are the reoccurrence of properties being abandoned
during the developing, leaving partially b homes in the City. He wants assurance that this will not
happen with these lots.
Mr. Saeki advised Mr. Barnes that City Code Enforcement staff is now under the Community
Development Department. They ve received new instructions to reduce the occurrence of abandoned
propertie/eed aeki invited M arnes to see him during business hours to discuss his concerns.
Chairma closed t public hearing.
It was mommi loner Lujan, seconded by Commissioner Rodriguez, and passed by a 4 -0 -1 vote
with Comr FI s absent, to adopt resolution 13 -2836, thereby approving the request for the
Tentative a LN -13- 00102.
NON - AGLIC COMMENTS: None.
CONSENDAR ITEMS: 4. Appr Minutes from June 19, 2013
It was moved by Commissioner Rodriguez, seconded by Vice Chairman Kiefer, and passed by a 4 -0 -1 vote
with Commissioner Flores absent, to approve the Minutes of June 19, 2013,
OTHER BUSINESS: None.
-3-
STAFF REPORT
DATE: JULY 3, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -13 -00069 (SITE PLAN REVIEW, TENTATIVE TRACT MAP, AND
VARIANCE) — A REQUEST TO SUBDIVIDE A PARCEL IN ORDER TO
CONSTRUCT NINE TOWNHOMES AND TO DEVIATE FROM THE VARIABLE
HEIGHT REQUIREMENT.
LOCATION: 7634 STEWART AND GRAY RD (AIN 6246 - 012 -101 & 6246 - 012 -009)
ZONING: R -3 -0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP)
REPORT SUMMARY
The proposed request is for a Site Plan Review, Variance, and Tentative Tract Map No. 72667 in
order to subdivide two parcels and construct a nine (9) unit townhome development. Each of the
1,542 square foot units are three -story, four bedrooms, four bathrooms, and have a two car
garage. Additionally, there are five guest parking spaces and approximately 2,800 square feet of
common open space. "rhe proposal includes a request to deviate from the requirements of
Municipal Code Section 9534.24 (Variable Height). Based on the analysis contained within this
report, staff feels that all required findings to approve the project can be made in a positive
manner; as such, staff is recommending the Planning Commission adopt the following titled
resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, VARIANCE, AND TENTATIVE
TRACT MAP (PLN -13- 00069), THEREBY ALLOWING THE CONSTRUCTION
OF NINE TOWNHOMES AND A DEVIATION TO THE VARIABLE HEIGHT
REQUIREMENTS ON PROPERTY LOCATED AT 7634 STEWART AND GRAY
RD, ZONED R -3-0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP).
BACKGROUND
The subject site consists of two parcels that total 19,470 square feet, which are located on the
south side of Stewart and Gray Rd, between Rives Ave and Pomering Rd. The subject site has
a General Plan Land Use Designation of Medium Density Residential and is zoned R -3 -0 (Multi -
Family Residential, Ownership). The two parcels that make up the project site (AINs 6246 - 012 -101
& 6246 - 012 -009) are both rectangular in shape with an approximate depth of 195' and a combined
width of 100'. Each of the parcels is currently improved with a single family residence, one of
which is 1,127 square feet and the other is 936 square feet, which were built in the 1950's.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
The properties to the east and west of the subject site front on Stewart and Gray Road. These
properties are within the Medium Density Residential General Plan Land Use Designation and
are zoned R -3 -0 (Multi - Family Residential, Ownership). There is a combination of the single
and multi - family homes. The properties to the north of the subject site are across Stewart and
Gray Rd, but front on Fontana Street. These properties are all single family homes with a
General Plan Land Use Designation of Low Density Residential and zoning of R -1 (Single
Family Residential). To the south of the subject site are additional single family homes. These
homes also have a General Plan Land Use Designation of Low Density Residential and are
zoned R -1 (Single Family Residential).
On March 26, 2013, the applicant (Ed Bonanni) submitted the request for a Site Plan Review,
Variance, and Tentative Tract Map No. 72667 in order to subdivide two parcels and construct a
nine (9) unit townhome development. After a careful review of the request, the application was
subsequently deemed complete on April 25, 2013. On June 6, 2013, notice of the pending
application was published in the Downey Patriot and mailed to all property owners within 500' of
the subject site.
On June 19, 2013, the Planning Commission opened a public hearing on the matter, but due to an
error in the newspaper advertisement, the Planning Commission continued the request to allow
staff additional time to re- publish the notice. On June 20, 2013, notice of the public hearing was re-
published in the Downey Patriot.
Subject site as viewed from Stewart and Gray
DISCUSSION /ANALYSIS
The applicant is proposing to demo the existing structures on the site and construct nine new
townhomes on the site. Each of the three -story townhomes will have four bedrooms and four
bathrooms, with an overall size of 1,942 square feet (1,542 square feet of living area plus a 400
square foot garage). The first floor consists of the garage, a bedroom, and bathroom. The
second floor is the main living area (living room, kitchen, and dining room), along with a second
bedroom and bathroom. The third floor of the residence contains the remaining two bedrooms
and bathrooms, and a laundry closet. Additionally, each unit will have a 175 square foot private
patio that is located to the rear of the first floor.
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 2
Access to the site is through a single driveway that runs down the center of the site. On the
east side of the driveway are five of the units within a single building. On the west side of the
driveway is two buildings, each containing two units. Four guest parking spaces are located on
the south side of the buildings; with an additional space on the west side of the driveway,
between the two buildings. In addition to the private patio, the applicant is proposing to maintain
a 2,815 square foot area on the south (rear) side of the property that will be dedicated for
common recreation area. Finally, the applicant will surround the property with new block walls
(except along the front property line). A review of all the development standards for the R -3 -0
zone is as follows:
Development Stan..
Standard
.
Requirement
Proposed
Lot Size
10,000 s.f.
19,470 s.f.
Minimum Lot Area Per Unit
1,815 s.f.
2,163 s.f.
Maximum Density
10 units
9 units
Lot Width
50'
100'
Lot Depth
Conform to surrounding lots
Lot Coverage
50%
32%
Height
35'
34' -9"
-Building
Setbacks
Front
15'
15'
Side east
5'
5'
Side west
5'
5'
Rear
46'
46'
Minimum Unit Size not including garage)
1,300 s.f.
1,542 s.f.
Useable Open Space 200 s.f. /unit
1,800 s.f.
2,815 s.f.
Parkin
Enclosed 2 spaces/unit)
18
18
Open % s ace /unit
5
5
The architectural style of the proposed residences most closely fit a craftsman style.
Craftsman's architectural style originated in the late 19th century because there was a desire to
create a modest designed home instead of the ornate Victorian design that dominated at that
time. This style typically includes the use of gable roofs, multiple finished materials, multi -paned
windows, decorative brackets under the eaves, paned doors, and earth -toned colors. In
keeping with this style, the applicant is proposing to use a cross gable roof; a combination of
horizontal, vertical, and stucco siding; multi -paned windows and doors; and decorative brackets
under the eaves. The finished colors and materials are as follows:
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 3
Finished
Material
Material and Color
Color
Stucco
Sherwin Williams — Pure White SW 7005
Lap and Board & Batten siding
Sherwin Williams — Unique Gray SW 6260
Fascia, corbels, and other trim on lap
and board & batten siding
Sherwin Williams — Pure White (SW 7005)
Trim on stucco
Sherwin Williams — Unique Gray SW 6260
Garage Doors
Sherwin Williams — Unique Gray SW 6260
Entry Doors
Sherwin Williams — Slate Tile SW 7624
Roof
G.A.F. — Timberline — Charcoal
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 3
Proposed Architecture
The applicant has not selected the final landscaping for the site as of yet, nevertheless, the
proposed conditions of approval require him to obtain final approval of all landscaping from the
City Planner prior to the issuance of building permits. This will not only include minimum
number and size requirements of all landscaping, but will take into account the need to mitigate
impacts created by approval of the Variance, as discussed below.
As noted above, the proposed project complies with all development standards, except the
Variable Height requirements set forth in Municipal Code 9534.24, which states for the rear yard
of an R -3 -0 property that abuts an R -1 property the height limit shall be as follows:
Establishing a height of six (6) feet above the finished grade of the residential
properly at the property line, a fifteen (15) degree inclined plane is projected that
establishes the height limitation
Even though the applicant is meeting the 46' setback requirement, the proposed three story
building encroaches above this limit. In order to meet this height limit and be able to construct a
three story unit, the buildings would have to be setback approximately 100' from the rear
property line. Staff analyzed how other properties were developed in the area. In this analysis,
staff looked at the approvals of all the properties in the R -3 and R -3 -0 zones that are between
Rives Ave and Pomering Rd. Staff noted that there are 19 parcels (include the two subject
parcels), nine of which have had a deviation approved as part of their entitlements. Most of
these deviations are for the
variable height and rear
yard setback standards.
As noted in the finding
section of this report, it is
staff's opinion that the
variance is justified and
can be approved.
Nevertheless, staff is
recommending conditions
of approval that the south
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 4
facing windows be an opaque glass and that mature trees be planted along the rear property
line to help screen the view of the buildings from the neighbors.
The primary concern on developments like the applicant's request is an increase in traffic and
insufficient parking. The City's Traffic Engineer has looked at the project and determined that
the additional units will not impact the surrounding streets. Single family homes are anticipated
to generate ten vehicle trips per day per unit; whereas townhome developments are anticipated
to generate seven vehicle trips a day per unit. Increasing from two units on the site to nine units
will create an additional 43 vehicle trips (two single family homes = 20 trips, nine townhomes =
63 trips). Stewart and Gray Rd currently maintains approximately 22,000 vehicles trips per day,
with a build out capacity of 40,000 vehicle trips (according to the General Plan). As such, staff
believes the additional 43 trips per day are negligible and will not have an impact to the existing
level of service on Stewart and Gray.
The secondary concern is available parking on the site, which has been a topic of discussion at
the last few Planning Commission meetings. The Municipal Code requires that all multi - family
developments maintain two parking spaces per unit within an enclosed garage and ' /z spaces
per unit for guest parking. As noted in the development standards table above, the applicant's
design meets this requirement. Nevertheless, the Planning Commission has expressed a
concern that the garages will be filled with storage and guest spaces will be occupied by
residents, thus creating a parking problem. In order to address this concern, staff is
recommending a condition of approval that the applicant include a provision in the CC&R's for
all garages to be maintained in a manner that two vehicles can be parked in them at all times
and that the guest parking spaces be duly marked and not assigned to residents. Staff spoke to
the applicant about these measures and he has noted that he is in agreement with them.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In -Fill
Development Projects). Categorical Exemptions are projects, which have been determined not
to have a significant effect on the environment and have been exempted from the requirements
of the California Environmental Quality Act. Class 32 consists of projects that are less than five
acres, do not create impacts to traffic, noise, air quality, or water quality, and can be adequately
served by utilities and public services. Staff has reviewed the proposal and is of the opinion that
the nine unit development meets these qualifications. As such, staff feels that this request
qualifies for this exemption.
FINDINGS
Site Plan Review
Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted
prior to the Planning Commission approving the Site Plan Review. A discussion of the findings
follows:
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 5
The site plan is consistent with the goals and policies embodied in the General
Plan and other applicable plans and policies adopted by the Council.
In an overall review of the General Plan, it is staffs opinion that the proposed nine unit
development is consistent with all of the policies, programs, and goals. More
specifically, it is an objective of the City's Housing Element (Program 5) to increase the
overall housing stock within the City. This includes providing sufficient housing to meet
the City's share of the Regional Housing Needs Assessment (RHNA). By allowing the
proposed project to be constructed there will be an increase the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." It is staffs opinion that removal of the two older homes and
construction of the newer townhomes will not only upgrade the subject site, but will serve
to upgrade all the surrounding properties, as it will enhance the streetscape. For these
reasons, staff is of the opinion that approval of the Site Plan Review is consistent with
the goals, policies, programs, and land uses of applicable elements of the General Plan.
2. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
One of the purposes of the zoning code is to allow development of properties, while
avoiding impacts of the adjoining area. More specifically, the intent of the R -3 -0 zone is
to provide for the development of multiple - family residential living areas compatible with the
neighborhood environment and outdoor recreation potential of the community. The
proposed project will create a new nine unit townhome development to replace two
aging single family homes. It is staffs opinion that the applicant has designed the
community in a manner that accomplishes all of the goals of the General Plan and
Zoning Code, while avoiding significant impacts to the neighboring properties by utilizing
proper site design, good architecture, and providing community open spaces.
Furthermore, staff feels that the proposed design will enhance the streetscape, thus
providing a pleasing aspect to those driving on Stewart and Gray Rd.
3. 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 applicant is proposing to use a Craftsman architectural style, which includes the use
a cross gable roof; a combination of horizontal, vertical, and stucco siding; multi -paned
windows and doors; and decorative brackets under the eaves. It is staff's opinion that
the architectural style will serve to enhance the site and provide an aesthetic
enhancement to the entire area, since it is an overall upgrade to the property and it
augments the quality of the streetscape.
4. 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 proposed site layout includes a single vehicle access with central driveway to all of
the units that is wide enough to allow two way traffic and sufficient room for pedestrians.
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 6
Notwithstanding this, the complex is only nine units, which typically does not generate
excessive traffic that would create a hazard. Accordingly, staff believes that 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
have been properly considered in this request.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
In the City of Downey, there are a virtual plethora of architectural styles, particularly in
this area. The proposed architecture is a Craftsman style, which includes the use a
cross gable roof; a combination of horizontal, vertical, and stucco siding; multi -paned
windows and doors; and decorative brackets under the eaves. After a review of other
buildings in the area, staff noted that this style is not prevalent in the area.
Nevertheless, it is staff's opinion that the finished materials and colors being proposed
by the applicant will allow the buildings to blend nicely with the architectural styles of the
other buildings. Staff is of the opinion that the proposed architectural style is neither
dissimilar nor monotonous from other buildings in the area and that this project will
upgrade the overall appearance of the site and, in turn, improve the community
appearance.
6. 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.
Currently, the subject site is improved with two single - family homes that were built in the
1950's, which have a chain link fence along their frontages. It is staffs opinion that by
approving the project the existing homes will be replaced with new townhomes that will
serve to upgrade the site, as well as surrounding properties. Furthermore, this project
will result in an aesthetically pleasing streetscape with new architecture, landscaping,
and elimination of the chain link fences. This development, in staffs opinion, will
promote the public health, safety, and welfare of those who work or reside in the area.
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code.
As part of this project staff is recommending several conditions of approval, which include
the use of graffiti resistant materials in the construction of the building. Should any graffiti
appear on the site, staff has recommended an additional condition of approval that the
applicant have it removed within 48 hours of application. With these conditions, staff feels
that the design features will include be in accordance with Section 4960 of the Municipal
Code.
Variance
Pursuant to Municipal Code Section 9826.08, there are six (6) findings that must be adopted prior
to the Planning Commission approving the Variance. A discussion of the findings follows:
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 7
1. That exceptional or extraordinary conditions or circumstances exist which are
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures or buildings in the same vicinity and zone.
The subject site is uniquely different from the other properties in the same zone and vicinity
that have been developed with multi - family homes. The site is shallower than and not as
big as the adjoining sites. In order to achieve the desired density and meet the setbacks,
the applicant has created a design that must maximize the allowable height of the zone (35'
and three stories). In order to meet the variable height requirement, the building would
need to be setback from the rear property line approximately 100'. If the parcel was as
wide as it is deep, it would be larger and the applicant could have designed the townhomes
to meet the requirement. It is staffs opinion that this creates a unique circumstance that is
peculiar to the land that is not generally applicable to others in the same vicinity and zone.
2. That the literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article commonly enjoyed by other
properties in the same vicinity and zone in which the property is located.
In order to meet the requirements of the code, the applicant would have to reduce the
number of units being built; whereas, other property owners in the same vicinity and zone
have been allowed to build to their maximum allowed density. Staff analyzed how other
properties were developed in the surrounding area, which includes all entitlements
issued to the properties within the R -3 and R -3 -0 zones that are between Rives Ave and
Pomering Rd. Of the 19 parcels (including the two subject parcels), nine have had some
sort of a deviation approved as part of their entitlements. Most of these deviations are
for the variable height and rear yard setback standards. Accordingly, it is staff's opinion
that the literal interpretation of the provisions of this article would deprive the applicant of
rights under the terms of this article commonly enjoyed by other properties in the same
vicinity and zone in which the property is located.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant.
The configuration of the parcel exists and was not created by the applicant. In fact, the
applicant is combining two parcels to increase the size and width of the development
site. It is staff's opinion that the extraordinary conditions or circumstances do not result
from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the
same vicinity and zone in which the property is located.
As noted earlier in this report, staff analyzed how other properties were developed in the
surrounding area, which includes all entitlements issued to the properties within the R -3
and R -3 -0 zones that are between Rives Ave and Pomering Rd. Of the 19 parcels
(include the two subject parcels), nine have had some sort of a deviation approved as
part of their entitlements. Most of these deviations are for the variable height and rear
yard setback standards. Based on this analysis, it is staff's opinion that approval of the
variance will not grant a special privilege that is denied to other lands, structures, or
buildings in the same vicinity and zone in which the property is located.
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 8
5. The granting of such variance will be in harmony and not adversely affect the
General Plan of the City.
It is an objective of the City's Housing Element (Program 5) to increase the overall
housing stock within the City. This includes providing sufficient housing to meet the
City's share of the Regional Housing Needs Assessment (RHNA). By allowing the
proposed project to be constructed there will be an increase in the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." It is staff's opinion that removal of the two older homes and
construction of the newer townhomes will not only upgrade the subject site, but will serve
to upgrade all the surrounding properties, as it will enhance the streetscape. For these
reasons, staff is of the opinion that approval of the Variance is consistent with the goals,
policies, programs, and land uses of applicable elements of the General Plan.
6. That the reasons set forth in the application justify the granting of the variance and
that the variance is the minimum variance that will make possible the reasonable use
of the land, building, or structure.
The proposed project meets all development code standards, except the variable height
requirements. To reduce the amount of deviation needed, the applicant pushed the
buildings up to the front property line and reduced the width of each unit to the lowest
amount feasible. This change brought the buildings further away from the rear property
line, in which the variable height is measured. It is staff's opinion that the applicant has
done everything possible to reduce the need of the variance, while creating a project that
is feasible for the project site. As such, staff feels that the variance is the minimum
variance that will make possible the reasonable use of the land.
Tentative Tract Map
The following five (5) findings must be adopted in order to approve the Tentative Tract Map. A
discussion of the findings follows:
That the proposed map is consistent with the General Plan.
It is an objective of the City's Housing Element (Program 5) to increase the overall
housing stock within the City. This includes providing sufficient housing to meet the
City's share of the Regional Housing Needs Assessment (RHNA). By allowing the
proposed project to be constructed there will be an increase in the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." It is staffs opinion that removal of the two older homes and
construction of the newer townhomes will not only upgrade the subject site, but will serve
to upgrade all the surrounding properties, as it will enhance the streetscape. For these
reasons, staff is of the opinion that approval of the Tentative Tract Map is consistent with
the goals, policies, programs, and land uses of applicable elements of the General Plan.
2. That the site is physically suitable for the type and density of development.
The subject site is a 19,470 square foot parcel, which exceeds the 10,000 square foot
minimum lot size in the R -3 -0 zone. Based on the size of the parcel, under the current
code, the applicant could construct up to 10 units; whereas he is only proposing nine
units. It is staff's opinion that the overall site plan has been designed to accommodate
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 9
the units, as well as sufficient parking, landscaping, and open space. Based on this,
staff believes that the subject site is adequate to accommodate the R -3 -0 zoning, as
well as the proposed development.
3. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed subdivision is to allow a nine unit townhouse development. As part of the
site design, the applicant is including community open space area. It is staff's opinion
that this amenity will encourage residents of the community to spend more time outdoors
and live a more active lifestyle. As such, staff believes that approval of townhome will
not cause serious public health problems.
4. 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 existing site is improved with two single family residences. There are no public
access easements through or across the site. Additionally, the City has reviewed the
request and determined that the approval of the map will not conflict with utility
easements on the site.
5. That the design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage or substantially and avoidably injure
wildlife or their habitat.
The existing site is improved with two single family residences, with landscaping being
limited to ornamental and grass. There are no known areas within the City that host
wildlife or their habitat, most particularly species identified as a candidate, sensitive, or
special status species. As such, it is staff's opinion that the proposed the project will not
impact wildlife resources.
CORRESPONDENCE
As of the date that this report was printed, staff not has received any correspondence regarding
this project.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that construction of the
nine townhomes will not create significant adverse impact to the area, provided that all
conditions of approval are adhered to. Furthermore, as noted above, staff believes that all
required findings can be made in a positive manner. As such, staff is recommending that the
Planning Commission approve the Site Plan Review, Variance, and Tentative Tract Map (PLN-
13- 00069), subject to the recommended conditions of approval.
SPR, VAR, TTM (PLN- 13- 00069) —Stewart and Gray Rd
July 3, 2013 - Page 10
Exhibits
Location
Aerial Photograph
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July 3, 2013 - Page 11
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July 3, 2013 - Page 12
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STAFF REPORT
DATE: AUGUST 21, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -13 -00069 (SITE PLAN REVIEW, TENTATIVE TRACT MAP, AND
VARIANCE) — A REQUEST TO SUBDIVIDE A PARCEL IN ORDER TO
CONSTRUCT NINE TOWNHOMES AND TO DEVIATE FROM THE VARIABLE
HEIGHT REQUIREMENT.
LOCATION: 76,14 STEWART AND GRAY RD (AIN 6246- 012 -101 & 6246- 012 -009)
ZONING: R -1 -0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP)
The proposed request is for a Site Plan Review, Variance, and Tentative Tract Map No. 72667 in
order to subdivide two parcels and construct a nine (9) unit townhome development. This
includes eight (8) 1,542 square foot units that are three - stories tall with four bedrooms, four
bathrooms, and a two car garage. The ninth unit is a 945 square foot two bedroom, two bathroom
unit with a two car garage. Additionally, there are six guest parking spaces and approximately
2,655 square feetllof common open space. The proposal includes a request to deviate from the
requirements of Municipal Code Section 9534.24 (Variable Height). Based on the analysis
contained within this report and staff's July 3, 2013 report, staff feels that all required findings to
approve the project can be made in a positive manner; as such, staff is recommending the
Planning Commission adopt the following titled resolution:
A RESOD TION OF THE PLANNING COMMISSION OF THE CITY OF
DOWN EY APPROVING A SITE PLAN REVIEW, VARIANCE, AND TENTATIVE
TRACT MAP (PLN -13- 00069), THEREBY ALLOWING THE CONSTRUCTION
OF NINE TOWNHOMES AND A DEVIATION TO THE VARIABLE HEIGHT
REQUIREMENTS ON PROPERTY LOCATED AT 7634 STEWART AND GRAY
RD, ZONED R -3 -0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP).
BACKGROUND
On July 3, 2013, the Planning Commission conducted a public hearing (minutes attached) on a
proposed nine unit townhome development on the subject site. Each of the nine was proposed
as 1,542 square foot three story units with two -car garages. Additionally, the applicant was
proposing to construct five guest parking spaces on the site and 2,815 square feet of useable
open space on the site. As part of the application, the applicant was requesting to deviate from
the variable height requirements for R -3 -0 zone developments that are adjacent to the R -1
zoned properties.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
During the public hearing, one neighbor spoke in opposition to the request, citing privacy
concerns that the three story structure would have on his property. Likewise, the Planning
Commission expressed concerns about privacy issues and the need for the Variance. As a
result of the discussion, the Planning Commission continued the application to give the
applicant time to address the concerns raised during the hearing.
On August 8, 2013, notice of the continued public hearing was published in the Downey Patriot and
mailed to all property owners within 500' of the subject site.
DISCUSSION /ANALYSIS
As noted in the July 3, 2013 Planning Commission Staff Report (attached), staff is of the opinion
that the project would benefit the area and that all of the required findings could be made in a
positive manner. Notwithstanding this, the Planning Commission expressed concerns about being
able to adopt the Variance findings due to potential impacts on the neighboring properties. In
addition to the privacy concerns raised, the Planning Commission inquired about other three story
structures in the area.
To address the concerns raised during the hearing, the applicant has redesigned the project
slightly to minimize the amount of deviation to the variable height limits. The southernmost unit on
the five unit building (building located on the east side of the site) has been reduced in size and is
now a two story building. In addition, the applicant has combined the two 2 -unit buildings on the
west side of the driveway into a single four -unit building. These changes result in all three -story
portions of the buildings being not less than 72' from the R -1 zoned properties. Furthermore, the
reconfiguration allowed the applicant to increase the amount of guest parking from five spaces to
six spaces. Notwithstanding this, portions of the structures still exceed the variable height limits
(see following picture).
In conjunction with the recommended conditions of approval requiring that the south facing
windows be an opaque glass and that mature trees are planted along the rear property line to
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 2
help screen the view of the buildings from the neighbors, it is staff's continued opinion that the
variance is justified and can be approved.
As previously not d, the Planning Commission inquired during the public hearing about other
three -story struCtL res in the area. Staff conducted a windshield survey of all properties on
Stewart and Gray between Paramount Blvd and Old River School Rd, and found two other
properties that ha te been developed with three -story structures (7546 & 7929 Stewart and Gray
Rd). Although these properties have been graded to locate the level of the first floor below the
street level. Furthermore, based on a review of similar developments over the past ten years,
staff has noted thpt three -story multi - family residential buildings are not uncommon in Downey
CORRESPONDENCE
As of the date th this report was printed, staff not has received any correspondence regarding
this project.
CONCLUSION
Based on the additional analysis contained within this report and the complete project analysis
contained in the July 3, 2013 Staff Report, staff is concluding that construction of the nine
townhomes will not create significant adverse impact to the area, provided that all conditions of
approval are adhered to. Furthermore, staff believes that all required findings can be made in a
positive manner. As such, staff is recommending that the Planning Commission approve the
Site Plan Review Variance, and Tentative Tract Map (PLN -13- 00069), subject to the
recommended conditions of approval.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, VARIANCE, AND
TENTATIVE TRACT MAP (PLN -13- 00069), THEREBY ALLOWING THE
CONSTRUCTION OF NINE TOWNHOMES AND A DEVIATION TO THE
VARIABLE HEIGHT REQUIREMENTS ON PROPERTY LOCATED AT 7634
STEWART AND GRAY RD, ZONED R -3 -0 (MULTI- FAMILY RESIDENTIAL,
OWNERSHIP).
THE PLANNING OMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On March 26, 2013 the applicant submitted an application requesting to construct nine
units on thq subject property. After a complete review of the request, staff deemed the
applicatior complete on April 25, 2013; and,
B. On June 6, 2013, notice of the pending application published in the Downey Patriot and
mailed to II property owners within 500' of the subject site; and,
C. On June 19, 2013, the Planning Commission opened a public hearing on the matter, but
due to an error in the newspaper advertisement, the Planning Commission continued the
request to allow staff additional time to re- publish the notice. On June 20, 2013, notice
of the public hearing was re- published in the Downey Patriot, and,
D. The Planning Commission held a duly noticed public hearing on July 3, 2013, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing the Planning Commission continued the request to a date
uncertain o allow the applicant time to address issues raised at the public hearing; and,
E. On Augus 8, 2013, notice of the continued public hearing published in the Downey
Patriot and mailed to all property owners within 500' of the subject site; and,
F. The Planning Commission held a duly noticed public hearing on August 21, 2013, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In -Fill Development
Projects).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Tentative Tract Map, the Planning Commission further finds,
determines and declares that:
That the proposed map is consistent with the General Plan. It is an objective of the
City's Housing Element (Program 5) to increase the overall housing stock within the City.
Resolution No.
Downey Planning Commission
This includes providing sufficient housing to meet the City's share of the Regional
Housing Needs Assessment (RHNA). By allowing the proposed project to be
constructed there will be an increase the housing inventory by seven units.
Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of
properties." Removal of the two older homes and construction of the newer townhomes
will not onl upgrade the subject site, but will serve to upgrade all the surrounding
properties, as it will enhance the streetscape. For these reasons, approval of the
Tentative Tract Map is consistent with the goals, policies, programs, and land uses of
applicable elements of the General Plan.
2. That the Oe is physically suitable for the type and density of development. The subject
site is a 19 470 square foot parcel, which exceeds the 10,000 square foot minimum lot
size in the !R-3-0 zone. Based on the size of the parcel, under the current code, the
applicant could construct up to 10 units; whereas he is only proposing nine units. The
overall site plan has been designed to accommodate the units, as well as sufficient
parking, la dscaping, and open space.
3. That the design of the subdivision or type of improvements is not likely to cause serious
public health problems. The proposed subdivision is to allow a nine unit townhouse
development. As part of the site design, the applicant is including community open
space ared. This amenity will encourage residents of the community to spend more time
outdoors and live a more active lifestyle.
4. 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 existing site is improved with two single family
residences. There are no public access easements through or across the site.
Additionally, the City has reviewed the request and determined that the approval of the
map will not conflict with utility easements on the site.
5. That the design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure wildlife or their
habitat. TIle existing site is improved with two single family residences, with landscaping
being limited to ornamental and grass. There are no known areas within the City that
host wildlife or their habitat, most particularly species identified as a candidate, sensitive,
or special tatus species.
SECTION . Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
The site plan is consistent with the goals and polices embodied in the General Plan and
other applicable plans and policies adopted by the Council. It is an objective of the
City's Housing Element (Program 5) to increase the overall housing stock within the City.
This includes providing sufficient housing to meet the City's share of the Regional
Housing Needs Assessment (RHNA). By allowing the proposed project to be
construct e there will be an increase the housing inventory by seven units.
Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of
properties. Removal of the two older homes and construction of the newer townhomes
will not only upgrade the subject site, but will serve to upgrade all the surrounding
properties, as it will enhance the streetscape.
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August 21, 2013 - Page 2
Resolution No.
Downey Planning Commission
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. One of the purposes of the zoning code is
to allow development of properties, while avoiding impacts of the adjoining area. More
specifically, the intent of the R -3 -0 zone is to provide for the development of multiple -
family residential living areas compatible with the neighborhood environment and
outdoor recreation potential of the community. The proposed project will create a new
nine unit townhome development to replace two aging single family homes. The
applicant has designed the community in a manner that accomplishes all of the goals of
the General Plan and Zoning Code, while avoiding significant impacts to the neighboring
properties by utilizing proper site design, good architecture, and providing community
open spaces. Furthermore, the proposed design will enhance the streetscape, thus
providing a pleasing aspect to those driving on Stewart and Gray Rd.
3. 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 applicant
is proposing to use a Craftsman architectural style, which includes the use a cross gable
roof; a combination of horizontal, vertical, and stucco siding; multi -paned windows and
doors; and decorative brackets under the eaves. The architectural style will serve to
enhance the site and provide an aesthetic enhancement to the entire area, since it is an
overall upgrade to the property and it augments the quality of the streetscape.
4. 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 proposed site layout includes a single vehicle access with central driveway to all of
the units that is wide enough to allow two way traffic and sufficient room for pedestrians.
Notwithstanding this, the complex is only nine units, which typically does not generate
excessive traffic that would create a hazard. Accordingly, 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 have been properly considered in
this request.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities. In
the City of Downey, there are a virtual plethora of architectural styles, particularly in this
area. The proposed architecture is a Craftsman style, which includes the use a cross
gable roof; a combination of horizontal, vertical, and stucco siding; multi -paned windows
and doors; and decorative brackets under the eaves. After a review of other buildings in
the area, it was noted that this style is not prevalent in the area. Nevertheless, it is the
finished materials and colors being proposed by the applicant will allow the buildings to
blend nicely with the architectural styles of the other buildings. Therefore, the proposed
architectural style is neither dissimilar nor monotonous from other buildings in the area
and that this project will upgrade the overall appearance of the site and, in turn, improve
the community appearance.
6. 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. Currently, the subject site is
improved with two single - family homes that were built in the 1950's, which have a chain
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 3
Resolution No.
Downey Planning Commission
link fence along their frontages. By approving the project the existing homes will be
replaced with new townhomes that will serve to upgrade the site, as well as surrounding
properties. Furthermore, this project will result in an aesthetically pleasing streetscape
with new architecture, landscaping, and elimination of the chain link fences. This
development will promote the public health, safety, and welfare of those who work or
reside in the area.
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. As part of this project several conditions of
approval have been included to require the use of graffiti resistant materials in the
construction of the building. Should any graffiti appear on the site, an additional
condition of approval has been included to have the applicant have it removed within 48
hours of application. With these conditions, staff feels that the design features will
include be in accordance with Section 4960 of the Municipal Code.
SECTION 5. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Variance, the Planning Commission further finds, determines
and declares that:
That exceptional or extraordinary conditions or circumstances exist which are peculiar to
the land, structure, or building involved and which are not generally applicable to other
lands, structures or buildings in the same vicinity and zone. The subject site has a
uniquely different from the other properties in the same zone and vicinity that have been
developed with multi - family homes. The site is shallower than and not as big as the
adjoining �ites. In order to achieve the desired density and meet the setbacks, the
applicant f as created a design that must maximize the allowable height of the zone (35'
and three tories). In order to meet the variable height requirement, the applicant would
need to be setback from the rear property line approximately 100'. If the parcel was as
wide as it is deep, it would be larger and the applicant could have designed the
townhomes to meet the requirement. This creates a unique circumstance that is
peculiar to the land that is not generally applicable to others in the same vicinity and
zone.
2. That the literal interpretation of the provisions of this article would deprive the applicant
of rights under the terms of this article commonly enjoyed by other properties in the
same vicinity and zone in which the property is located. In order to meet the
requirements of the code, the applicant would have to reduce the number of units being
built; whereas, other property owners in the same vicinity and zone have been allowed
to build to their maximum allowed density. An analysis was conducted of all entitlements
issued to the properties within the R -3 and R -3 -0 zones that are between Rives Ave and
Pomering Rd. Of the 19 parcels (include the two subject parcels), nine have had some
sort of a deviation approved as part of their entitlements. Most of these deviations are
for the variable height and rear yard setback standards. Accordingly, the literal
interpretation of the provisions of this article would deprive the applicant of rights under
the terms of this article commonly enjoyed by other properties in the same vicinity and
zone in which the property is located.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. The configuration of the parcel exists and was not created by
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 4
Resolution No.
Downey Planning Commission
the applicant. In fact, the applicant is combining two parcels to increase the size and
width of th i e development site.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the same
vicinity and zone in which the property is located. An analysis was conducted of all
entitlements issued to the properties within the R -3 and R -3 -0 zones that are between
Rives Ave and Pomering Rd. Of the 19 parcels (include the two subject parcels), nine
have had some sort of a deviation approved as part of their entitlements. Most of these
deviations are for the variable height and rear yard setback standards. Based on this
analysis, approval of the variance will not grant a special privilege that is denied to other
lands, structures, or buildings in the same vicinity and zone in which the property is
located.
5. The granting of such variance will be in harmony and not adversely affect the General
Plan of the City. It is an objective of the City's Housing Element (Program 5) to increase
the overall housing stock within the City. This includes providing sufficient housing to
meet the City's share of the Regional Housing Needs Assessment (RHNA). By allowing
the proposed project to be constructed there will be an increase the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." Removal of the two older homes and construction of the
newer tow homes will not only upgrade the subject site, but will serve to upgrade all the
surrounding properties, as it will enhance the streetscape.
6. That the reasons set forth in the application justify the granting of the variance and that
the variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure. The proposed project meets all development code
standards, except the variable height requirements. To reduce the amount of deviation
needed, the applicant pushed the buildings up to the front property line and reduced the
width of each unit to the lowest amount feasible. This change brought the buildings
further away from the rear property line, in which the variable height is measured. The
applicant has done everything possible to reduce the need of the variance, while
creating a project that is feasible for the project site.
SECTION 6. Based upon the findings set forth in Sections 1 through 5 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Tentative
Tract Map, Site Plan Review, and Variance (PLN -13- 00069), 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.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 5
Resolution No. _
Downey Planning Commission
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21St day of August, 2013.
Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 21 St day of August,
2013, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: C MMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 6
Resolution No.
Downey Planning Commission
TENTATIVE TRACT MAP NO 72667, SITE PLAN REVIEW
AND VARIANCE (PLN -13- 00069)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Tentative Tract Map No. 72667, Site Plan Review, and Variance
(PLN -13- 00069) allows for the construction of a of nine unit townhouse development and
to deviation from Municipal Code Section 9534.24 (Variable Height). Eight of the units
shall be 1,542 square feet and shall have a two car enclosed garage. The ninth unit
shall be 945 square feet and shall have a two car garage.
2) Approval of this Tentative Tract Map No. 72667, Site Plan Review, and Variance (PLN -
13- 00069) 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.
3) 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.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) Prior to the issuance of building and /or grading permits, the Final Tract Map shall be
approved by the City and recorded with the County of Los Angeles.
6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
There shall be no construction on the site outside of these hours.
7) All lights on the property shall be directed, positioned, and /or shielded such that they do
not illuminate surrounding properties and the public right -of -way.
8) The approved architectural style shall be Craftsman, as noted in the approved plans.
The finished color and material shall be as follows:
Finished Material and Color
Material Color
Stucco Sherwin Williams — Pure White SW 7005
Lap and Board & Batten siding Sherwin Williams — Unique Gray (SW 6260)
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 7
Resolution No.
Downey Planning Commission
Fascia, corbels, and other trim on
lap and board & batten siding
Sherwin Williams — Pure White (SW 7005)
Trim on stucco
Sherwin Williams — Unique Gray SW 6260
Garage Doors
Sherwin Williams — Unique Gray SW 6260
Entry Doors
Sherwin Williams — Slate Tile SW 7624
Roof
G.A.F. — Timberline — Charcoal
Changes to the facades and /or colors shall be subject to the review and approval of the
City Planner.
9) There shall be no roof mounted equipment permitted at any time.
10) All attic venting shall be architecturally consistent with the buildings, as determined by
the City Planner. Dormer vents and /or turbine vents shall not be permitted.
11) All south facing windows on the third floor (facing the R -1 zoned properties) shall have
opaque glass.
12) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
13) Any graffiti applied to the site shall be removed within 48 hours.
14) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
15) Prior to the issuance of building permits, the applicant shall obtain approval from the City
Planner of all landscaping. The size and number of landscaping shall meet the
requirements of Municipal Code Section 9520. The mature trees (36" and 48" box trees)
shall be planted along the rear property line to screen the view of the building from the
neighboring property. Trees that have large canopies and maintain foliage year round
shall be preferential for the trees along the rear property line. All landscape shall be
installed and permanently maintained.
16) All above grade back -flow preventers, check valves, and transformers shall be painted
green and screened from view From the public right -of -way.
17) The applicant shall comply will the following construction provisions of the Mitigation
Monitoring Program adopted for the General Plan EIR (SCH 2004031159):
a) Future development projects shall include suppression measures for fugitive dust
and those associated with construction equipment in accordance with SCAQMD
Rule 403 and other AQMD requirements. Prior to issuance of each grading or
demolition permit, the project property owner /developer shall obtain the
appropriate permits from the SCAQMD and submit them to the City.
b) Future development projects shall adhere to the requirements of SCAQMD Rule
1403 (Asbestos Emissions for Demolition / Renovation Activities) for projects
where demolition is anticipated.
C) Water all active construction areas at least twice daily.
d) Cover all haul trucks or maintain at least two feet of freeboard.
e) Pave or apply water four times daily to all unpaved parking or staging areas
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 8
Resolution No.
Downey Planning Commission
f) Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
g) Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material
h) Suspend all operations on any unpaved surface if winds exceed 25 mph
i) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for
more than 96 hours after clearing is completed.
j) Require 90 -day low -NOX tune -ups for off -road equipment.
k) Limit allowable idling to 10 minutes for trucks and heavy equipment
1) Limit individual construction sites to less than 10 acres for extended, continuous
construction.
m) Encourage car pooling for construction workers.
n) Wet down or cover dirt hauled off - site.
o) Encourage receipt of materials during non -peak traffic hours
18) All walls on the property shall be stucco or decorative block, as approved by the City
Planner.
19) Prior to the final of building permits, the applicant shall record CC &R's on the property to
govern the maintenance, repair, and improvement of all common areas. This shall
include, but may not be limited to, the landscaping, all utilities, exterior of buildings,
exterior lighting, internal streets and walkways, and pool area. Additionally, the CC &R's
shall requi a all trash receptacles to be stored in the garages of the units (except during
pick up da�), require all garages be maintained in a manner to accommodate two
vehicles at all times, and require all guest parking spaces be duly marked and not
assigned to the residents. CC &R's shall run with the land and shall not expire. Prior to
the recording of the CC &R's, the applicant shall submit the CC &R's to the City Attorney
for review and approval. A copy of the recorded CC &R's shall be provided to the City
Planner to be included with the project file.
20) The driveway entrance on Stewart and Gray Rd shall have an enhanced paving (pavers
or stamped color concrete). The City Planner shall review and approval final enhanced
paving prior to installation.
21) There shall be no gate across the driveway.
BUILDING
22) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
23) 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 beginning operation of the site.
PUBLIC WORKS
28) The owner /applicant shall install one new 9500 -lumen high - pressure sodium street lights
with full- cutoff fixture optics on new marbelite standard with underground service along
the property frontage. The applicant shall also remove the existing street light on wood
pole. Prior to the installation of the lights, the applicant shall obtain all necessary permits
for the Engineering Division.
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August 21, 2013 - Page 9
Resolution No.
Downey Planning Commission
29) 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.
30) All onsite utilities shall be installed underground.
31) 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.
32) 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 have less than one (1 %) percent gradient on any
asphalt or on -paved surface, or less than one quarter (1/4 %) percent gradient on any
concretesurface. Provide the following information on plans: topographic site
information, including elevations, dimensions /location of existing /proposed public
improvem nts 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; 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 its disposition.
33) The owner /applicant shall construct/install curb, gutter, sidewalk, disabled ramps,
portland cement concrete driveway approaches, street trees (24 -inch box with 2 -inch
diameter trunk), and pavement along all property frontage to the standards of the
Department of Public Works. Broken, uneven, or sub - standard curb, gutter, sidewalk,
driveway, Jisabled ramps and pavement, shall be replaced to the satisfaction of the
Public Works Department. Contact the Public Works Inspection Office at (562) 904-
7110 to have these areas identified just prior to initiating a grading plan. The
owner /applicant shall obtain all necessary plan approvals and permits and shall provide
that the st ndards of improvements, construction materials, and methods of construction
shall be in Iconformance with the Standard Plans and Specification for Public Works
Constructi n and as modified by the City of Downey's Standard Plans and
Specifications.
34) 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 sidew Ik.
35) 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.
36) All areas within the scope of work of this project 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, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 10
Resolution No.
Downey Planning Commission
owner /applicant shall provide a design that conveys all onsite drainage over a vegetative
Swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain
37) The owner /applicant shall install a sewer main and sewer lateral (to the front property
line), 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.
1
38) The owner /applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
39) 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 Tract Map on a CD -ROM media.
40) The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
41) The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
42) 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.
43) The owner /applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
44) 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.
45) The owner /applicant shall furnish and install fire hydrant(s) and 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 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 it.
46) 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.
47) The owner /applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 11
Resolution No.
Downey Planning Commission
Department of Public Works.
48) The owne0applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County ( CSDLAC).
49) The owner /applicant shall furnish and install the public sanitary sewer improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
50) The owner /applicant is responsible for coordinating with, and payment(s) to the City and
CSDLAC f r all sanitary sewer connection and capacity charges.
FIRE DEPARTM NT
58) Plans to b submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
59) A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a `Deferred Submittal" in which
additional equirements to meet the code may be added.
60) All fire Ian s shall be clearly identified including the use of red curbs and signs. All fire
access shall require turn around area for fire apparatus, as approved by the Fire Chief.
SPR, VAR, TTM (PLN- 13- 00069) — Stewart and Gray Rd
August 21, 2013 - Page 12
C
C
c
MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, July 03, 2013
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
A Regular meeting of the Planning Commission was called to order on July 03, 2013, at 6:30 p.m. at Downey
City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was calW►
COMMISSIONERS PRESENT:
COMMISSIONERS AB ENT
OTHERS PRESENT:
PLANNING COMMISSIONER
CONFERENCE /MEETING
analyze the parking situatio
PRESENTATIONS:
Jim Rodriguez, District 5
Robert Kiefer, District 2, Vice
Louis Morales, District 3, Cfy
Hector Lujan, District 1
Matias Flores, DisjM 4
Brian Saeki, ector of Community Development
Yvette Abi - Garcia, City Attorney
William vis, City Planner
Davi lumenthal, Senior Planner
M Cavanagh, Secretary
JOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
;TS: Commissioner Rodriguez requested a future agenda item for staff to
rding new developments as soon as possible.
REPORT ON CITY OUNCIL ACTION: Director of Community Development Brian Saeki reported three
items: 1) The ap al of the Planning Commission's denial for a Variance was continued to their August 13,
2013 meeting the introduction of the ordinance to amend the CP zone to include live entertainment was
approved b e City Council and, 3) the City Council introduced an Economic Development ordinance, which
set the Ci Economic Strategy for going forward.
PUBLIC HEARINGS:
1. PLN -13- 00069: (Site Plan Review, Tentative Tract Map, and Variance) Chairman Morales opened the
public hearing for PLN -13- 00069. Ms. Cavanagh affirmed proof of publication.
Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a request for approval of
a Site Plan Review, Variance, and Tentative Tract Map No. 72667 to subdivide two parcels and construct
a nine (9) unit townhome development at 7634 Stewart and Gray Rd. The townhomes are each three -
story units with four bedrooms, four bathrooms, and a two car garage. The property will include five guest
parking spaces and approximately 2,800 square feet of common open space. The proposal includes a
request to deviate from the requirements of Downey Municipal Code Section 9534.24 (Variable Height).
The property is zoned R -3 -0 (Multi - family Residential Ownership), which would require individual
ownership of each unit. Apartment buildings would not be allowed. Staff has addressed previous
concerns of the Planning Commission regarding parking by placing conditions that the CC &R require that
the garages and guest parking spaces are used as such, and would be enforced by the Homeowners
Association (HOA). Staff has also addressed the issue of privacy by placing conditions that would
require the windows located at the rear of the property be an opaque glass, and that mature 48" box
Planning Commission Minutes July 3, 2013
trees be placed along the rear property line to help screen the view of the buildings from neighbors.
Based on the analysis provided in the staff report, staff feels that all required findings can be made in a
positive manner, and is thereby recommending approval of the project.
Applicant Ed Bonnani, Bonnani Development appeared to answer any questions regarding the project.
Mr. Bonnani began by giving thanks to Mr. Blumenthal and staff for all the hard work in bringing this
application forward, and he accepts all conditions of approval. Mr. Bonnani stated that he developed
other townhome units in Downey; however, this is the first three -story development. He believes the
townhomes being zoned as required ownership would have a great impact on the HOA enforcement of
the parking requirements and maintenance of the landscaping that would minimize the view of the
townhomes by neighbors.
The Commissioners sated their concerns with the project as follows:
1. Three -story units would invade the privacy of the neighbors and the visual enjoyment of their
backyards.
2. The number of units /and bedrooms proposed for an area that is heavily populated area.
3. Parking would continue to be an issue. A two -car garage would not be enough parking for a four -
bedroom dwelling unit and would therefore increase an already parking congested and heavily
traveled street such as Stewart and Gray Rd.
Chairman Morales called for those in the audience to speak for or against the project.
Dennis Spain [sic] residing at 7635 Nada Street expressed his opposition of the request; his home is
located to the rear of the project site and he believes there will be issues with privacy, and is not happy
with the idea of such a large complex facing his back yard.
Mr. Bonnani stated that he would be happy to meet with Mr. Spain to discuss any issues and possible
solutions to address his concerns, and reiterated the conditions that were agreed to in addressing the
privacy of the neighbors by not only have a 46 foot set back, with mature box trees, but also providing
opaque glass for windows located at the rear of the building.
Chairman Morales closed the public hearing.
Commissioners Rodriguez, Lujan and Vice Chairman Kiefer, were all in agreement that the project was
beautiful; however, they felt that the three -story structure would be too much for the neighborhood as far
as privacy and parking issues. They are not comfortable about granting the request for the Variance. In
addition, the area is already heavily populated, which leads them to question whether the structure could
possibly be made smaller.
Chairman Morales commented that this is a nice project and is in favor of the project. He stated that the
applicant has provided accurate parking according to the Code, and the privacy issue for the neighbors
was addressed by placing landscaping and opaque glass for the windows facing the rear.
Chairman Morales reopened the public hearing called the applicant forward
The Commission asked Mr. Bonnani if he would be willing to revise his application and redesign the
project to reduce the size and /or number of units to address the concerns brought up by both the
Commission and neighbors. Mr. Bonnani agreed to a continuance of the project to a date uncertain in order
to redesign the project and work with staff in addressing the concerns of the Commission and neighbors.
Chairman Morales closed the public hearing.
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Planning Commission Minutes
H)0i
July 3, 2013
It was moved by Commissioner Rodriguez and seconded by Vice Chairman Kiefer, to continue the item PIN -
13 -00069 to a date uncertain, and allow the applicant to work with staff to address some of the concems of the
Commission and incorporate them into a redesign of the project.
2. PLN -13- 00102: (Tentative Parcel Map) Chairman Morales opened the public hearing for PI 3 -00102
and Ms. Cavanagh affirmed proof of publication.
Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a req X st to subdivide a
30,051 square foot parcel into three approximately 10,000 square foot parcels. This r est has been
brought before the Planning Commission previously, and the Tentative Parcel Map 65067 was
approved on October 31. 2005. However, due to the economic downturn the appl' nt was not able to
complete the process and the tentative map expired. Mr. Blumenthal stated the ity is requiring that the
existing structure that would overlay the new property lines be demolished or ved to a location that
complies with the current development standards of the future lots, as well a small dedication at the
corner (42 square feet), which will reduce the lot size to 30,009 square fee
Based on the analysis contained within the staff report, and provided tA all conditions of approval are
adhered to, staff is recommends approval of the Tentative Parcel M (PLN -13- 00102).
Hugo Hernandez acted as translator for the Applicant, Aidee Lop it, 9306 Gallatin Rd, Downey. Mr.
Hernandez stated that Ms. Lopez agreed to the conditions of a roval, and that the map had already
been approved, but expired because of the economy.
The Commissioners asked what the intentions are for the 2, the and the new lots, to which Mr.
a Hernandez responded by saying that they are not sure this time whether they will be moving the house
or demolishing it; they have to see which would be m cost effective. Due to the expense of
maintaining a large house and lot, they will be Bevel ing new houses on each lot.
Chairman Morales called for those in the audien96 to speak for or against the project.
William Barnes, 9321 Gainford Street, Down f, appeared to speak in opposition of the project. Mr.
Barnes stated his concems with new devel ments are the reoccurrence of properties being abandoned
during the developing, leaving partially b homes in the City. He wants assurance that this will not
happen with these lots.
Mr. Saeki advised Mr. Barnes that ., City Code Enforcement staff is now under the Community
Development Department. They ve received new instructions to reduce the occurrence of abandoned
properties. M/ed ited M arnes to see him during business hours to discuss his concerns.
Chairman Mor t public hearing.
It was moved bloner Lujan, seconded by Commissioner Rodriguez, and passed by a 4 -0 -1 vote
with Commissi absent, to adopt resolution 13 -2836, thereby approving the request for the
Tentative Parc-13- 00102.
NON - AGENDA OMMENTS: None.
CONSENT CA EMS:
4. Appr /f the Minutes from June 19, 2013
It was moved by Commissioner Rodriguez, seconded by Vice Chairman Kiefer, and passed by a 4 -0 -1 vote
with Commissioner Flores absent, to approve the Minutes of June 19, 2013.
OTHER BUSINESS: None.
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STAFF REPORT
DATE: JULY 3, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -13 -00069 (SITE PLAN REVIEW, TENTATIVE TRACT MAP, AND
VARIANCE) — A REQUEST TO SUBDIVIDE A PARCEL IN ORDER TO
CONSTRUCT NINE TOWNHOMES AND TO DEVIATE FROM THE VARIABLE
HEIGHT REQUIREMENT.
LOCATION: 7634 STEWART AND GRAY RD (AIN 6246- 012 -101 & 6246- 012 -009)
ZONING: R -3 -0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP)
REPORT SUMMARY
The proposed request is for a Site Plan Review, Variance, and Tentative Tract Map No. 72667 in
order to subdivide two parcels and construct a nine (9) unit townhome development. Each of the
1,542 square foot units are three -story, four bedrooms, four bathrooms, and have a two car
garage. Additionally, there are five guest parking spaces and approximately 2,800 square feet of
common open space. The proposal includes a request to deviate from the requirements of
Municipal Code Section 9534.24 (Variable Height). Based on the analysis contained within this
report, staff feels that all required findings to approve the project can be made in a positive
manner; as such, staff is recommending the Planning Commission adopt the following titled
resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, VARIANCE, AND TENTATIVE
TRACT MAP (PLN -13- 00069), THEREBY ALLOWING THE CONSTRUCTION
OF NINE TOWNHOMES AND A DEVIATION TO THE VARIABLE HEIGHT
REQUIREMENTS ON PROPERTY LOCATED AT 7634 STEWART AND GRAY
RD, ZONED R -3 -0 (MULTI- FAMILY RESIDENTIAL, OWNERSHIP).
BACKGROUND
The subject site consists of two parcels that total 19,470 square feet, which are located on the
south side of Stewart and Gray Rd, between Rives Ave and Pomering Rd. The subject site has
a General Plan Land Use Designation of Medium Density Residential and is zoned R -3 -0 (Multi -
Family Residential, Ownership). The two parcels that make up the project site (AINs 6246- 012 -101
& 6246- 012 -009) are both rectangular in shape with an approximate depth of 195' and a combined
width of 100'. Each of the parcels is currently improved with a single family residence, one of
which is 1,127 square feet and the other is 936 square feet, which were built in the 1950's.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
The properties to the east and west of the subject site front on Stewart and Gray Road. These
properties are within the Medium Density Residential General Plan Land Use Designation and
are zoned R -3 -0 (Multi - Family Residential, Ownership). There is a combination of the single
and multi - family homes. The properties to the north of the subject site are across Stewart and
Gray Rd, but front on Fontana Street. These properties are all single family homes with a
General Plan Land Use Designation of Low Density Residential and zoning of R -1 (Single
Family Residential). To the south of the subject site are additional single family homes. These
homes also have a General Plan Land Use Designation of Low Density Residential and are
zoned R -1 (Single Family Residential).
On March 26, 2013, the applicant (Ed Bonanni) submitted the request for a Site Plan Review,
Variance, and Tentative Tract Map No. 72667 in order to subdivide two parcels and construct a
nine (9) unit townhome development. After a careful review of the request, the application was
subsequently deemed complete on April 25, 2013. On June 6, 2013, notice of the pending
application was published in the Downey Patriot and mailed to all property owners within 500' of
the subject site.
On June 19, 2013, the Planning Commission opened a public hearing on the matter, but due to an
error in the newspaper advertisement, the Planning Commission continued the request to allow
staff additional time to re- publish the notice. On June 20, 2013, notice of the public hearing was re-
published in the Downey Patriot.
Subject site as viewed from Stewart and Gray
DISCUSSION /ANALYSIS
The applicant is proposing to demo the existing structures on the site and construct nine new
townhomes on the site. Each of the three -story townhomes will have four bedrooms and four
bathrooms, with an overall size of 1,942 square feet (1,542 square feet of living area plus a 400
square foot garage). The first floor consists of the garage, a bedroom, and bathroom. The
second floor is the main living area (living room, kitchen, and dining room), along with a second
bedroom and bathroom. The third floor of the residence contains the remaining two bedrooms
and bathrooms, and a laundry closet. Additionally, each unit will have a 175 square foot private
patio that is located to the rear of the first floor.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 2
Access to the site is through a single driveway that runs down the center of the site. On the
east side of the driveway are five of the units within a single building. On the west side of the
driveway is two buildings, each containing two units. Four guest parking spaces are located on
the south side of the buildings; with an additional space on the west side of the driveway,
between the two buildings. In addition to the private patio, the applicant is proposing to maintain
a 2,815 square foot area on the south (rear) side of the property that will be dedicated for
common recreation area. Finally, the applicant will surround the property with new block walls
(except along the front property line). A review of all the development standards for the R -3 -0
zone is as follows:
Development
Standard
.. .
Requirement
Proposed
Lot Size
10,000 s.f.
19,470 s.f.
Minimum Lot Area Per Unit
1,815 s.f.
2,163 s.f.
Maximum Density
10 units
9 units
Lot Width
50'
100'
Lot Depth
Conform to surrounding lots
Lot Coverage
50%
32%
Building Height
35'
34' -9"
Setbacks
Front
15'
15'
Side (east)
5'
5'
Side west
5'
5'
Rear
46'
46'
Minimum Unit Size not including garage)
1,300 s.f.
1,542 s.f.
Useable Open Space 200 s.f. /unit
1,800 s.f.
2,815 s.f.
Parkin
Enclosed 2 spaces/unit)
18
18
O en %2 s ace /unit
5
5
The architectural style of the proposed residences most closely fit a craftsman style.
Craftsman's architectural style originated in the late 19`h century because there was a desire to
create a modest designed home instead of the ornate Victorian design that dominated at that
time. This style typically includes the use of gable roofs, multiple Finished materials, multi -paned
windows, decorative brackets under the eaves, paned doors, and earth -toned colors. In
keeping with this style, the applicant is proposing to use a cross gable roof; a combination of
horizontal, vertical, and stucco siding; multi -paned windows and doors; and decorative brackets
under the eaves. The finished colors and materials are as follows:
•.
Material
Material and Color
Color
Stucco
Sherwin Williams — Pure White SW 7005
Lap and Board & Batten siding
Sherwin Williams — Unique Gray SW 6260
Fascia, corbels, and other trim on lap
and board & batten siding
Sherwin Williams — Pure White (SW 7005)
Trim on stucco
Sherwin Williams — Unique Gray SW 6260
Garage Doors
Sherwin Williams — Unique Gray SW 6260
Entry Doors
Sherwin Williams — Slate Tile SW 7624
Roof
G.A.F. — Timberline — Charcoal
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 3
Proposed Architecture
The applicant has not selected the final landscaping for the site as of yet, nevertheless, the
proposed conditions of approval require him to obtain final approval of all landscaping from the
City Planner prior to the issuance of building permits. This will not only include minimum
number and size requirements of all landscaping, but will take into account the need to mitigate
impacts created by approval of the Variance, as discussed below.
As noted above, the proposed project complies with all development standards, except the
Variable Height requirements set forth in Municipal Code 9534.24, which states for the rear yard
of an R -3 -0 property that abuts an R -1 property the height limit shall be as follows:
Establishing a height of six (6) feet above the finished grade of the residential
property at the property line, a fifteen (15) degree inclined plane is projected that
establishes the height limitation
Even though the applicant is meeting the 46' setback requirement, the proposed three story
building encroaches above this limit. In order to meet this height limit and be able to construct a
three story unit, the buildings would have to be setback approximately 100' from the rear
property line. Staff analyzed how other properties were developed in the area. In this analysis,
staff looked at the approvals of all the properties in the R -3 and R -3 -0 zones that are between
Rives Ave and Powering Rd. Staff noted that there are 19 parcels (include the two subject
parcels), nine of which have had a deviation approved as part of their entitlements. Most of
these deviations are for the
variable height and rear
yard setback standards.
As noted in the finding
section of this report, it is El
staff's opinion that the
variance is justified and _
can be approved.
Nevertheless, staff is
recommending conditions Van" ,W9,U„m
of approval that the south
SPR, VAR, TTM (PLN- 13.00069) — Stewart and Gray Rd
July 3, 2013 - Page 4
facing windows be an opaque glass and that mature trees be planted along the rear property
line to help screen the view of the buildings from the neighbors.
The primary concern on developments like the applicant's request is an increase in traffic and
insufficient parking. The City's Traffic Engineer has looked at the project and determined that
the additional units will not impact the surrounding streets. Single family homes are anticipated
to generate ten vehicle trips per day per unit; whereas townhome developments are anticipated
to generate seven vehicle trips a day per unit. Increasing From two units on the site to nine units
will create an additional 43 vehicle trips (two single family homes = 20 trips, nine townhomes =
63 trips). Stewart and Gray Rd currently maintains approximately 22,000 vehicles trips per day,
with a build out capacity of 40,000 vehicle trips (according to the General Plan). As such, staff
believes the additional 43 trips per day are negligible and will not have an impact to the existing
level of service on Stewart and Gray.
The secondary concern is available parking on the site, which has been a topic of discussion at
the last few Planning Commission meetings. The Municipal Code requires that all multi - family
developments maintain two parking spaces per unit within an enclosed garage and ' /z spaces
per unit for guest parking. As noted in the development standards table above, the applicant's
design meets this requirement. Nevertheless, the Planning Commission has expressed a
concern that the garages will be filled with storage and guest spaces will be occupied by
residents, thus creating a parking problem. In order to address this concern, staff is
recommending a condition of approval that the applicant include a provision in the CC &R's for
all garages to be maintained in a manner that two vehicles can be parked in them at all times
and that the guest parking spaces be duly marked and not assigned to residents. Staff spoke to
the applicant about these measures and he has noted that he is in agreement with them.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In -Fill
Development Projects). Categorical Exemptions are projects, which have been determined not
to have a significant effect on the environment and have been exempted from the requirements
of the California Environmental Quality Act. Class 32 consists of projects that are less than five
acres, do not create impacts to traffic, noise, air quality, or water quality, and can be adequately
served by utilities and public services. Staff has reviewed the proposal and is of the opinion that
the nine unit development meets these qualifications. As such, staff feels that this request
qualifies for this exemption.
FINDINGS
Site Plan Review
Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted
prior to the Planning Commission approving the Site Plan Review. A discussion of the findings
follows:
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 5
1. The site plan is consistent with the goals and policies embodied in the General
Plan and other applicable plans and policies adopted by the Council.
In an overall review of the General Plan, it is staff's opinion that the proposed nine unit
development is consistent with all of the policies, programs, and goals. More
specifically, it is an objective of the City's Housing Element (Program 5) to increase the
overall housing stock within the City. This includes providing sufficient housing to meet
the City's share of the Regional Housing Needs Assessment (RHNA). By allowing the
proposed project to be constructed there will be an increase the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." It is staff's opinion that removal of the two older homes and
construction of the newer townhomes will not only upgrade the subject site, but will serve
to upgrade all the surrounding properties, as it will enhance the streetscape. For these
reasons, staff is of the opinion that approval of the Site Plan Review is consistent with
the goals, policies, programs, and land uses of applicable elements of the General Plan.
2. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
One of the purposes of the zoning code is to allow development of properties, while
avoiding impacts of the adjoining area. More specifically, the intent of the R -3 -0 zone is
to provide for the development of multiple - family residential living areas compatible with the
neighborhood environment and outdoor recreation potential of the community. The
proposed project will create a new nine unit townhome development to replace two
aging single family homes. It is staff's opinion that the applicant has designed the
community in a manner that accomplishes all of the goals of the General Plan and
Zoning Code, while avoiding significant impacts to the neighboring properties by utilizing
proper site design, good architecture, and providing community open spaces.
Furthermore, staff feels that the proposed design will enhance the streetscape, thus
providing a pleasing aspect to those driving on Stewart and Gray Rd.
3. 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 applicant is proposing to use a Craftsman architectural style, which includes the use
a cross gable roof; a combination of horizontal, vertical, and stucco siding; multi -paned
windows and doors; and decorative brackets under the eaves. It is staff's opinion that
the architectural style will serve to enhance the site and provide an aesthetic
enhancement to the entire area, since it is an overall upgrade to the property and it
augments the quality of the streetscape.
4. 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 proposed site layout includes a single vehicle access with central driveway to all of
the units that is wide enough to allow two way traffic and sufficient room for pedestrians.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 6
Notwithstanding this, the complex is only nine units, which typically does not generate
excessive traffic that would create a hazard. Accordingly, staff believes that 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
have been properly considered in this request.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
In the City of Downey, there are a virtual plethora of architectural styles, particularly in
this area. The proposed architecture is a Craftsman style, which includes the use a
cross gable roof; a combination of horizontal, vertical, and stucco siding; multi -paned
windows and doors; and decorative brackets under the eaves. After a review of other
buildings in the area, staff noted that this style is not prevalent in the area.
Nevertheless, it is staff's opinion that the finished materials and colors being proposed
by the applicant will allow the buildings to blend nicely with the architectural styles of the
other buildings. Staff is of the opinion that the proposed architectural style is neither
dissimilar nor monotonous from other buildings in the area and that this project will
upgrade the overall appearance of the site and, in turn, improve the community
appearance.
6. 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.
Currently, the subject site is improved with two single - family homes that were built in the
1950's, which have a chain link fence along their frontages. It is staff's opinion that by
approving the project the existing homes will be replaced with new townhomes that will
serve to upgrade the site, as well as surrounding properties. Furthermore, this project
will result in an aesthetically pleasing streetscape with new architecture, landscaping,
and elimination of the chain link fences. This development, in staff's opinion, will
promote the public health, safety, and welfare of those who work or reside in the area.
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code.
As part of this project staff is recommending several conditions of approval, which include
the use of graffiti resistant materials in the construction of the building. Should any graffiti
appear on the site, staff has recommended an additional condition of approval that the
applicant have it removed within 48 hours of application. With these conditions, staff feels
that the design features will include be in accordance with Section 4960 of the Municipal
Code.
Variance
Pursuant to Municipal Code Section 9826.08, there are six (6) findings that must be adopted prior
to the Planning Commission approving the Variance. A discussion of the findings follows:
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 7
That exceptional or extraordinary conditions or circumstances exist which are
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures or buildings in the same vicinity and zone.
The subject site is uniquely different from the other properties in the same zone and vicinity
that have been developed with multi - family homes. The site is shallower than and not as
big as the adjoining sites. In order to achieve the desired density and meet the setbacks,
the applicant has created a design that must maximize the allowable height of the zone (35'
and three stories). In order to meet the variable height requirement, the building would
need to be setback from the rear property line approximately 100'. If the parcel was as
wide as it is deep, it would be larger and the applicant could have designed the townhomes
to meet the requirement. It is staff's opinion that this creates a unique circumstance that is
peculiar to the land that is not generally applicable to others in the same vicinity and zone.
2. That the literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article commonly enjoyed by other
properties in the same vicinity and zone in which the property is located.
In order to meet the requirements of the code, the applicant would have to reduce the
number of units being built; whereas, other property owners in the same vicinity and zone
have been OIlowed to build to their maximum allowed density. Staff analyzed how other
properties Were developed in the surrounding area, which includes all entitlements
issued to the properties within the R -3 and R -3 -0 zones that are between Rives Ave and
Pomering Rd. Of the 19 parcels (including the two subject parcels), nine have had some
sort of a deviation approved as part of their entitlements. Most of these deviations are
for the variable height and rear yard setback standards. Accordingly, it is staff's opinion
that the literal interpretation of the provisions of this article would deprive the applicant of
rights under the terms of this article commonly enjoyed by other properties in the same
vicinity and zone in which the property is located.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant.
The configuration of the parcel exists and was not created by the applicant. In fact, the
applicant is combining two parcels to increase the size and width of the development
site. It is staff's opinion that the extraordinary conditions or circumstances do not result
from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the
same vicinity and zone in which the property is located.
As noted earlier in this report, staff analyzed how other properties were developed in the
surrounding area, which includes all entitlements issued to the properties within the R -3
and R -3 -0 zones that are between Rives Ave and Pomering Rd. Of the 19 parcels
(include the two subject parcels), nine have had some sort of a deviation approved as
part of their entitlements. Most of these deviations are for the variable height and rear
yard setback standards. Based on this analysis, it is staff's opinion that approval of the
variance will not grant a special privilege that is denied to other lands, structures, or
buildings in the same vicinity and zone in which the property is located.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 8
5. The granting of such variance will be in harmony and not adversely affect the
General Plan of the City.
It is an objective of the City's Housing Element (Program 5) to increase the overall
housing stock within the City. This includes providing sufficient housing to meet the
City's share of the Regional Housing Needs Assessment (RHNA). By allowing the
proposed project to be constructed there will be an increase in the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." It is staff's opinion that removal of the two older homes and
construction of the newer townhomes will not only upgrade the subject site, but will serve
to upgrade all the surrounding properties, as it will enhance the streetscape. For these
reasons, staff is of the opinion that approval of the Variance is consistent with the goals,
policies, programs, and land uses of applicable elements of the General Plan.
6. That the reasons set forth in the application justify the granting of the variance and
that the variance is the minimum variance that will make possible the reasonable use
of the land, building, or structure.
The proposed project meets all development code standards, except the variable height
requirements. To reduce the amount of deviation needed, the applicant pushed the
buildings up to the front property line and reduced the width of each unit to the lowest
amount feasible. This change brought the buildings further away from the rear property
line, in which the variable height is measured. It is staff's opinion that the applicant has
done everything possible to reduce the need of the variance, while creating a project that
is feasible for the project site. As such, staff feels that the variance is the minimum
variance that will make possible the reasonable use of the land.
Tentative Tract Map
The following five (5) findings must be adopted in order to approve the Tentative Tract Map. A
discussion of the -findings follows:
1. That the proposed map is consistent with the General Plan.
It is an objective of the City's Housing Element (Program 5) to increase the overall
housing stock within the City. This includes providing sufficient housing to meet the
City's share of the Regional Housing Needs Assessment (RHNA). By allowing the
proposed project to be constructed there will be an increase in the housing inventory by
seven units. Furthermore, it is a policy of the General Plan (Policy 8.2.2) to "Promote
the upgrading of properties." It is staff's opinion that removal of the two older homes and
construction of the newer townhomes will not only upgrade the subject site, but will serve
to upgrade all the surrounding properties, as it will enhance the streetscape. For these
reasons, staff is of the opinion that approval of the Tentative Tract Map is consistent with
the goals, policies, programs, and land uses of applicable elements of the General Plan.
2. That the site is physically suitable for the type and density of development.
The subject site is a 19,470 square foot parcel, which exceeds the 10,000 square foot
minimum lot size in the R -3 -0 zone. Based on the size of the parcel, under the current
code, the applicant could construct up to 10 units; whereas he is only proposing nine
units. It is staff's opinion that the overall site plan has been designed to accommodate
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 9
the units, as well as sufficient parking, landscaping, and open space. Based on this,
staff believes that the subject site is adequate to accommodate the R -3 -0 zoning, as
well as the proposed development.
3. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed subdivision is to allow a nine unit townhouse development. As part of the
site design, the applicant is including community open space area. It is staff's opinion
that this amenity will encourage residents of the community to spend more time outdoors
and live a more active lifestyle. As such, staff believes that approval of townhome will
not cause serious public health problems.
4. 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 existing site is improved with two single family residences. There are no public
access easements through or across the site. Additionally, the City has reviewed the
request and determined that the approval of the map will not conflict with utility
easements on the site.
S. That the design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage or substantially and avoidably injure
wildlife or their habitat.
The existing site is improved with two single family residences, with landscaping being
limited to ornamental and grass. There are no known areas within the City that host
wildlife or their habitat, most particularly species identified as a candidate, sensitive, or
special status species. As such, it is staff's opinion that the proposed the project will not
impact wildlife resources.
CORRESPONDENCE
As of the date that this report was printed, staff not has received any correspondence regarding
this project.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that construction of the
nine townhomes will not create significant adverse impact to the area, provided that all
conditions of approval are adhered to. Furthermore, as noted above, staff believes that all
required findings can be made in a positive manner. As such, staff is recommending that the
Planning Commission approve the Site Plan Review, Variance, and Tentative Tract Map (PLN-
13- 00069), subject: to the recommended conditions of approval.
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 10
Exhibits
Location
Aerial Photograph
SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 11
500' Radius
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SPR, VAR, TTM (PLN -13- 00069) — Stewart and Gray Rd
July 3, 2013 - Page 12
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