HomeMy WebLinkAboutPC Resolution 15-2909Resolution No. 15- 2909
Planning Commission
RESOLUTION NO. 15 - 2909
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING ZONE VARIANCE APPLICATION PLN — 14 — 00175, A
REQUEST FROM INTERIOR SIDE YARD AND REAR YARD SETBACK
STANDARDS AND FROM THE VARIABLE HEIGHT LIMITATION THAT
INVOLVE THE DEVELOPMENT OF A 4 -UNIT TOWNHOUSE CONDOMINIUM
PROJECT FOR THE PROPERTY AT 8603 IMPERIAL HIGHWAY, ZONED
MULTIPLE - FAMILY RESIDENTIAL OWNERSHIP (R -3 -0).
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 the
authorized representative, on behalf of Chandrakant Patel, project
applicant, petitioning approval of Zone Variance Application PLN - 14 —
00175. The zone variance application is a request from the interior side
yard and rear yard setback requirements and the variable height limitation
involving the development of a 4 -unit townhouse condominium project at
8603 Imperial Highway.
B. The property under consideration, also referred to as 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 representative for the development filed two other
planning applications in conjunction with the zone variance application,
both for the purpose of developing the above - mentioned 4 -unit townhouse
project. They include Tentative Tract Map No. 72992 and Site Plan
Review PLN -14 — 00175.
D. The Los Angeles County Tax Assessor's Office identifies the project site,
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 it on March 18, 2015.
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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 - 2909, approving Zone Variance Application PLN -14-
00175.
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 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 adjoining parcel's R1 zoning classification does not reflect its improvements,
nor does this property conform with its General Plan designation. Yet because
of the R1 zoning and the development standards accompanying it, the project
applicant is obligated to file a zone variance application. That is, the project site
abuts the neighboring property on both its northerly and westerly boundaries. In
addition, the neighbor next door supports a 76 -unit apartment complex and the
property is designated Medium Density Residential. Yet it zoned R1 in contrast
to the apartment complex and General Plan designation. But when considering
the neighboring property's existing conditions, it should be zoned R3 and if that
was the case, the variance under consideration would not be necessary.
2. That the literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article chapter commonly enjoyed by
other properties in the same vicinity and zone in which the property is located.
Literally interpreting the R -3 -0 zone's setback standards and variable height
requirement will deprive the applicant of development rights that others nearby
enjoy because the adjacent property's zoning classification does not reflect its
76 -unit apartment complex, nor does it conform with its land use category..
Development of most multiple - family projects in the community that border
multi - family projects are not hampered like the subject development because
their zoning district reflects their use, or because they were built prior to 1979
through the zone exception process.
3. That exceptional or extraordinary conditions or circumstances do not result from
the actions of the applicant. The applicant is not responsible for the neighboring
property's zoning inconsistency; which is the reason why he must file the zone
variance application. The inconsistency can be traced to July, 1961, when the
Planning Commission approved the 76 -unit apartment next door through the
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Planning Commission
zone exception process; and they approved the apartment complex irrespective
of the property's R -1 zoning classification. Resolving the inconsistency and thus
eliminating the need for the variance would involve rezoning the adjacent
property to R -3, which aptly reflects the apartment development's density and
general plan designation.
4. That granting the variance requested will not confer on the applicant any special
rivile a that is denied by this chapter to other lands structures or buildings in
the same vicinity and zone in which the propeLly is located. Granting the
variance requests will not confer a special privilege on the applicant that is
denied neighboring properties with the same zoning. The project site is located
on the north side of Imperial Highway and most of the properties on that side of
Imperial in the vicinity of the project site support large apartment complexes; and
these complexes share many of the same site characteristics and development
features that the project is seeking. .
5. That the .granting of such variance will be in harmony and not adversely affect
the General Plan of the City. Implementing the requested variances will not
adversely affect provisions of the General Plan, since the proposed project will
be developed next to an apartment complex that incorporated many of the same
development standards that the neighboring complex implemented. The project
will also adhere to many of the same standards that most other multiple - family
projects with R -3 and R -3 -0 zoning implement when abutting multiple - family
developments with multiple - family zoning.
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. Staff supports the reason the
petitioner is advancing to justify the variances. Namely, the applications
wouldn't be necessary if the neighboring property was zoned appropriately. The
neighboring property's R -1 zone does not reflect its improvements, nor does it
conform with its General Plan designation. Improvements occupying the
neighboring property, a 2.3 -acre parcel, consists of a 76 -unit apartment
complex, with 116 parking spaces; and the property is designated Medium
Density Residential (MDR) on the General Plan's land use diagram. Nearly all
properties in Downey featuring this project -type and the MDR designation are
zoned R -3, not R -1. The intent of the R -3 zone is to provide for the
development of multiple - family residential living areas, while housing types that
are consistent with the MDR designation include large apartment projects. The
intent of the R -1 zone, by contrast, is to provide for the development of single -
family residential areas. Moreover, rezoning the neighboring parcel to R -3 would
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Planning Commission
be consistent with General Plan Program 1.3.2.3.: Change the zoning of
properties where inconsistent with the general plan land use designations.
Lastly, the variance exceptions the applicant is seeking are the minimum
dimensions in the R -3 -0 zone when adjacent to or backs up to another R -3 or
R -3 -0 zoned property.
7. 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 of the City of Downey hereby approves Zone
Variance PLN — 14 — 00175, subject to the conditions of approval attached hereto as
Exhibit. A.
SECTION 4. In view of the foregoing and further based on the information provided
in the report for PLN - 14 — 00175 (Variance), the Planning Division hereby directs
Planning Division Staff to prepare a study evaluating the alternatives to resolve the
zoning /General Plan inconsistency
SECTION 4. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of March, 4 15.
Hector Luj n, hairman
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; COMMISSIONERS: Lujan, Flores, Rodriguez and Owens
ABSENT: COMMISSIONERS: Morales
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None Ai `
Mary Cavanagh, Secretary
City Planning Commission
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Planning Commission
EXHIBIT A — Conditions of Approval
Zone Variance Application PLN —14 - 00175
Planning Division
Zone Variance Application is a request from the interior and rear yard setback
requirements and from the variable height limitation in connection with the
development of a 4 -unit townhouse condominium project, with two (2) guest
parking spaces on the 11,948 square foot parcel 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 the health,
safety and welfare.
3. All conditions of Zone Variance PLN — 14 — 00175 shall be complied with before
this zone variance application becomes valid, unless otherwise noted.
4. If City approval is contingent upon on 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 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 participation shall not relieve the owner /applicant of the
obligations of this condition.
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Resolution No. 15- 2909
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6. Approval of Zone Variance Application 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.
7. Zone Variance Application PLN — 14 — 00175 shall not become valid until and
unless the City Council accepts Final Map No. 72992.
Public Works
8. 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.
9. The owner /applicant shall install all utilities underground.
10. The facility design must provide refuse /recycle enclosure specifications (location,
size).
11. 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.
12. 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.
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Resolution No. 15- 2909
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13. 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 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.
14. 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.
15. 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.
16. 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).
17. 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.
18. The owner /applicant shall provide that all construction graffiti created as part of
this project in the public right -of- way to be removed.
19. 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
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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
20. 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.
21. Install a common driveway approach in order to eliminate the curb hump with the
adjoining property to the east.
22. Provide sidewalk ADA accessibility.
23. Verify sewer main lateral connection possible conflict with the storm drain.
Utilities Division
24. 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.
25. The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated
potable water service line, meter, and meter box for each unit.
26. The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water
service line, meter, and meter box for the landscaping irrigation system.
27. 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.
28. 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.
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29. 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.
30. 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.
31. 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.
32. 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.
33. 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).
34. 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.
35. The owner /applicant is responsible for coordinating with and payment to the City
and CSDLAC for all sanitary sewer connection and capacity charges.
36. The owner /applicant shall obtain all necessary plan approvals and permits.
37. The owner /applicant shall provide improvement plan mylars, record drawing
mylars, and record drawing digital (AutoCAD — latest edition) files in accordance
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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.
38. 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
39. 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 be recorded
with the Los Angeles County Recorder, and a copy filed with the City Planning
Division.
40. 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.
41. Obtain all necessary plan approvals and permits.
42. 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
43. 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)].
44. 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.
45. All construction shall comply with fire separation requirements in accordance with
the California Building Code.
46. The owner /applicant/Developer shall comply with any additional fire code
requirements deemed necessary at the time of plan review and /or field
inspection.
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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.
is 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.
❑ Any slopes with disturbed soils or denuded of vegetation must be stabilized so
as to inhibit erosion by wind and water.
❑ Other
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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
Signature
(Owner or authorized agent of the owner)
Date
(Owner or authorized agent of the owner
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