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HomeMy WebLinkAboutPC Resolution 15-2908RESOLUTION NO. 15 -2908 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW APPLICATION PLN -14 - 00175, A REQUEST TO DEVELOP A FOUR -UNIT TOWNHOUSE CONDOMINIUM PROJECT ON THE PROPERTY AT 8603 IMPERIAL HIGHWAY, ZONED MULTIPLE - FAMILY RESIDENTIAL OWNERSHIP (R -3 -O). 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. A planning application was filed by Mr. Mike Tello, serving as authorized representative, on behalf of Chandrakant Patel, project applicant, petitioning approval of Site Plan Review No. PLN -14- 00175, a request to develop a 4 -unit townhouse condominium development at 8603 Imperial Highway (project site). B. The project site is zoned Multiple - Family Residential Ownership zone, (R- 3 -0), and maintains the corresponding Medium Density Residential designation on the General Plan's land use diagram. C. The authorized agent for the development also filed two other planning applications in conjunction with Site Plan Review Application PLN — 14 — 00175, both for the purpose of developing the contemplated 4 -unit townhouse condominium project. They include Tentative Tract Map No. 72992 and a 3 -part zone variance request seeking relief from the R -3 -0 zone's side and rear yard building setback standards and variable building height requirement. D. The Los Angeles County Tax Assessor's Office identifies the property under consideration, 8603 Imperial Highway, as Assessor Parcel No. 6261- 011 -033. E. On January 15, 2015, Planning Division Staff deemed the subject application, PLN -14- 00175, complete and notified the project applicant that the Planning Commission would consider the application on March 18, 2015. F. The Planning Commission held a duly- noticed public hearing on March 18, 2015, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 15 -2908, approving Site Plan Review PLN -14- 00175. Resolution No. 15 - 2908 Planning Commission SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: That the site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the City Council. Developing the 4 -unit townhouse condominium project is consistent with the General Plan in that it will implement a host of General Plan goals, policies and programs. They include: (1) General Plan Program 1.4.3.1. "Promote ownership -based housing, such as condominiums, townhouses, and planned unit developments." Project implementation involves developing ownership units, townhouse condominiums, which is a requirement of the affected site's R -3 -0 zone (Multiple - Family Residential Ownership). Apartments are not permitted. (2) General Plan Program 5.9.2.3. "Encourage that common open spaces in multiple - family developments that are easily accessible to all residents." The project's common, usable open space component, approximately 800 square feet, will be located in the rear portion of the site, which is proximate to all four townhouse units. (3) General Plan Policy 2.2. "Encourage infill development and recycling of land to provide adequate residential sites." The development proposal is a good example of an infill project; the intended site has been vacant for a number of years and the adjoining properties support a large apartment complex, a small office building and two single - family residences. (4) General Plan Program 1.3.1.5: "Encourage land uses consistent with the area's designation as properties recycle." The proposed use, townhouse condominiums, is permitted by right, according to the property's R -3- O zoning classification. Further, the 4 -unit development falls within the density range of the site's Medium Density Residential General Plan designation; moreover, the proposed townhouses are consistent with the housing type that's envisioned by the Medium Density Residential General Plan designation. (5) General Plan Goal 8.2: "Maintain and enhance the appearance of properties." The project site has been vacant for a number of years, whereas project implementation will transform it into an multi - family ownership development. (6) General Plan Policy 8.3.1: "Enhance the views of propert y from public streets to exhibit a positive image." Project implementation will enhance the view of the property for Imperial Highway, a Major Arterial, drivers and pedestrians; the impact on Imperial traffic cannot be understated, given that it carries about 33,000 vehicles daily. 2. That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. As noted previously, the application and its accompanying project, a 4 -unit townhouse condominium project, will cover an 11,948 square foot parcel. The project site is zoned R -3 -0 and the intended use is "permitted by right ", according to this zoning classification. Moreover, the project's PLN -14 -00175 Site Plan Review — Grand Top LLC Page 2 Resolution No. 15 - 2908 Planning Commission development features, as well as its planned site improvements comply with the applicable development standards; the only exceptions are the building's rear and side yard setback distances and the height of the rear portion of the building, variable building height requirement, which is substandard due to the neighboring property's zoning classification: R1- 5,000. The R1 zone does not correspond with the property's General Plan designation, nor does it reflect its improvements: 76 -unit apartment complex. The appropriate zoning for the neighboring property is R -3 and the zone variance requests would not be necessary with this classification. 3. That the proposed development's site plan and its design featuresh 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. Contemporary is the design that best describes the project's proposed architectural style. Renderings of the buildings depict an attractive structure because of such features as its design elements, emphasis on fagade articulation, use of contrasting, but complementary building materials and the contemplated color palette. As such, the development proposal will completely transform the character of the site from a vacant lot to an attractive townhouse project. Similarly, project implementation will have the same effect on the neighboring properties. The project with its attractive features will have a positive effect on neighboring properties, plus its design will not interfere with their activities. 4. That 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 project site fronts on Imperial Highway, a Major Arterial Highway according to the General Plan's Circulation Chapter. The front of the building will face Imperial, while it will occupy the westerly part of the site, with the driveway covering the easterly portion. According to project renderings, the building is handsome, which will have a positive effect on passing vehicular and pedestrian traffic. Moreover, the project's front landscape setback represents a marked change, compared to its current condition, which also will benefit passing vehicular and pedestrian traffic. In addition, the proposed locations of the 4 -unit building, the guest parking spaces, the drive approach and usable open space are well positioned, and thus they'll work together. 5. That the proposed development will improve the community appearance by preventing - extremes of dissimilarity or monotony in new construction or in alterations of facilities. Project development will enhance the appearance of the project environs. As a consequence, it will have a PLN -14 -00175 Site Plan Review — Grand Top LLC Page 3 Resolution No. 15 - 2908 Planning Commission beneficial effect on neighboring land uses. On the other hand, its proposed architectural style does not represent a dramatic departure from the style employed by buildings that comprise the surrounding built environment. Still, the contemplated design is unique, compared to neighboring improvements because it is current and embodies today's architectural trends. 6. That 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. Implementing the development proposal should have a positive effect on the people inhabiting neighboring properties with the transformation of a vacant lot into an active, 4 -unit townhouse condominium development. Implementing the project will upgrade the site and improve its appearance for those who come into contact with it; namely, people who pass by when driving on Imperial Highway. 7. That 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. The conditions of approval for this entitlement, Site Plan Review PLN — 00175, includes a condition stating the development's site plan and design features will incorporate graffiti- resistant materials. 8. That the environmental impact of the proposed application has been reviewed and determined to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline Section 15303 (Class 3 — New Construction or Conversion of Small Structures), in that the development project falls within the parameters of this section. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this resolution, the Planning Commission hereby approves Site Plan Review No. PLN -14- 00175, subject to the Conditions of Approval attached hereto as Exhibit A. PLN -14 -00175 Site Plan Review — Grand Top LLC Page 4 Resolution No. 15 - 2908 Planning Commission SECTION 4. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of March, 2015. Hector Lu n, C Nrman 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 18th day of March, 2015 by the following vote, to wit: AYES; ABSENT: NOES: ABSTAIN COMMISSIONERS: Lujan, Flores, Rodriguez and Owens COMMISSIONERS: Morales COMMISSIONERS: None COMMISSIONERS: None Mary CaVanagh, Secretary( City Planning Commission PLN -14 -00175 Site Plan Review — Grand Top LLC Page 5 Resolution No. 15 - 2908 Planning Commission Exhibit A — Conditions of Approval Site Plan Review Application PLN -14 - 00175 Planning Division Site Plan Review PLN -14 -00175 is an application to develop a 4 -unit townhouse condominium project with two (2) guest parking spaces on the 11,948 square foot lot at 8603 Imperial Highway, as shown on the approved site plan filed with Planning Division staff on December 22, 2014. Deviations or exceptions from the submitted plan shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with a public notice and public hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect public health, safety and welfare. 3. All conditions of Site Plan Review PLN -14 -00175 shall be complied with before this site plan review application becomes valid, unless otherwise noted. 4. If City approval is contingent upon any changes to the application's plans as submitted, the owner /applicant shall submit three (3) copies of the revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the issuance of building permits. 5. The owner /applicant shall incorporate anti - graffiti elements into the building's design, such as non - porous coatings on exterior wall surfaces, plant materials, and anti - graffiti film on windows, subject to the approval of the City Planner. 6. The owner /applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at applicant's expense, City and City's agents, officers and employees from and against any claim, action, or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by the City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify owner /applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with applicant in defense thereof. Owner /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 PLN -14 -00175 Site Plan Review — Grand Top LLC Page 6 Resolution No. 15 - 2908 Planning Commission participation shall not relieve the owner /applicant of the obligations of this condition. 7. The owner /applicant shall make the following revisions to the building's elevations: • Building Colors. Apply colors that provide more contrast than what's currently proposed. • Roof Tiles. Apply a flat the with a color that is closer to the building's ultimate color palette. • Front Elevation — Stone Veneer. Apply stone veneer along the base of the front elevation to match the stone accent that's planned for the east elevation. • Front Elevation Popouts. Eliminate the small gable that's planned for the front elevation and replace it with the popouts that are planned for the spaces above the garages. The popouts in the front will feature the same gables that are shown above the garages, as well as the same arch - shaped, recessed windows. Also, replace the two rectangular- shaped windows in the center of the front elevation with arch - shaped windows. • Fascia. Paint the fascia the same dark brown color that's proposed for the doors and window trim. • Rear Elevation. Carry the same design features to the building's rear elevation that are planned for the east elevation; adding shutters and applying stacked stone along the base. • Front Elevation Shutters. Apply the same style shutters that are planned for the windows on the east elevation to the front elevation's first -story windows. 8. Approval of Site Plan Review PLN — 14 — 00175 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. 9. Site Plan Review PLN — 14 — 00175 shall not become valid until and unless the City Council accepts Final Tract Map No. 72992. 10. The applicant/owner shall provide irrigated landscape planters not less than 5 feet wide along the rear and side property lines in the rear yard setback, as shown on the approved site plan, dated December 12, 2014. The planters shall have trees and shrubs, not less than 6 feet high when planted, which shall maintain a mature height of not less than 15 feet. At maturity such landscaping shall form a solid screen. PLN -14 -00175 Site Plan Review — Grand Top LLC Page 7 Resolution No. 15 - 2908 Planning Commission 11. The applicant/owner shall pay Park In -Lieu fees of $1,008.11 per unit in accordance with Sections 9231.8D and 9231.8E of the Downey Municipal Code. 12. The applicant/owner shall install a rain gutter system along the entire edge of the westerly roof line with accompanying downspouts and the runoff will be directed to the project's underground infiltration system. 13. The applicant/owner shall install a commercial driveway approach, in accordance with Drawing No. 20 from the Public Works Department of the City of Downey. Public Works 14. 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. 15. The owner /applicant shall install all utilities underground. 16. The facility design must provide refuse /recycle enclosure specifications (location, size). 17. 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. 18. 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 location, depth and dimensions of potable water, reclaimed water and sanitary sewer lines. 19. The owner /applicant shall construct/install curb, gutter, sidewalk, disabled ramps, portland cement concrete driveway approaches, install (_1_) (24- inch box with 2 -inch diameter trunk) street tree, and pavement along PLN -14 -00175 Site Plan Review — Grand Top LLC Page 8 Resolution No. 15 - 2908 Planning Commission 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. 20. 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. 21. 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. 22. The owner /applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State Water Resources Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore, the owner /applicant shall provide and be required to certify and append Public Works standard "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 23. The owner /applicant shall install a sewer main and sewer lateral (to the front property line) for each lot in the subdivision, and shall provide that the design and improvements of sewers shall be to the standards of the City Engineering Division. Septic systems are not acceptable. 24. The owner /applicant shall provide that all construction graffiti created as part of this project in the public right -of- way to be removed. 25. The owner /applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility or organization (private or public), except to the City of Downey prior to recordation of the tract map. The owner /applicant shall grant easements in the name of the City shall include: • Vehicular easements • Walkway easements • Drainage easements • Utility easements PLN -14 -00175 Site Plan Review — Grand Top LLC Page 9 Resolution No. 15 - 2908 Planning Commission 26. The owner /applicant shall submit a recorded Mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images of final map on a portable media for city's GIS system data updates and maintenance. 27. Install a common driveway approach in order to eliminate the curb hump with the adjoining property to the east. 28. Provide sidewalk ADA accessibility. 29. Verify sewer main lateral connection possible conflict with the storm drain. Utilities Division 30. The owner /applicant 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. 31. The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water service line, meter, and meter box for each unit. 32. The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water service line, meter, and meter box for the landscaping irrigation system. 33. 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. 34. 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. 35. 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. 36. 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 PLN -14 -00175 Site Plan Review — Grand Top LLC Page 10 Resolution No. 15 - 2908 Planning Commission 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. 37. 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. 38. 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 Department of Public Works. 39. 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). 40. 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. 41. The owner /applicant is responsible for coordinating with and payment to the City and CSDLAC for all sanitary sewer connection and capacity charges. 42. The owner /applicant shall obtain all necessary plan approvals and permits. 43. The owner /applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (AutoCAD — latest edition) files in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California. Final approval of new utilities shall be dependent upon submittal and approval of record drawing mylars and scanned, uncompressed TIFF images of record drawings on a CD /DVD -ROM media per City's GIS Requirements. 44. Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit Building & Safety Division 45. A separate sewer shall be constructed to the building to the standards of the City Engineering and Building & Safety Divisions or a sewer covenant shall PLN -14 -00175 Site Plan Review — Grand Top LLC Page 11 Resolution No. 15 - 2908 Planning Commission be recorded with the Los Angeles County Recorder, and a copy filed with the City Planning Division. 46. All electrical and telephone utilities shall be installed underground or at the rear lot lines to the standards of the City Engineering and Building & Safety Divisions. 47. Obtain all necessary plan approvals and permits. 48. Plans to be submitted through the Building & Safety Division shall comply with the 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. Fire Department 49. The owner /applicant shall replace the fire hydrant in the parkway just east of the project site with a new, commercial fire hydrant [DMC 3610(c)]. 50. All residential units shall be equipped throughout with an automatic fire sprinkler system in accordance with NFPA 13D and California Fire Code Section 903.2.8. 51. All construction shall comply with fire separation requirements in accordance with the California Building Code. 52. The owner /applicant/Developer shall comply with any additional fire code requirements deemed necessary at the time of plan review and /or field inspection. PLN -14 -00175 Site Plan Review — Grand Top LLC Page 12 Resolution No. 15 - 2908 Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects /Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ❑ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. L: Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. ❑ Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. ❑ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ❑ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. PLN -14 -00175 Site Plan Review — Grand Top LLC Page 13 Resolution No. 15 - 2908 Planning Commission I'D Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ❑ Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name (Owner or authorized agent of the owner) Signature Date (Owner or authorized agent of the owner) PLN -14 -00175 Site Plan Review — Grand Top LLC Page 14