HomeMy WebLinkAboutPC Resolution 15-2910RESOLUTION NO. 15 - 2910
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING TENTATIVE TRACT MAP NO. 72992, A REQUEST TO
ESTABLISH A 1- LOT SUBDIVISION FOR THE PURPOSE OF DEVELOPING
FOUR TOWNHOUSE CONDOMINIUMS AT 8603 IMPERIAL HIGHWAY,
ZONED MULTIPLE - FAMILY RESIDENTIAL OWNERSHIP (R -3 -0).
(APPLICANT: CHANDRAKANT PATEL)
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. Tentative Tract Map No. 72992 was filed by Mr. Mike Tello, serving as the
authorized representative, on behalf of Chandrakant Patel, project applicant, to
establish a 1 -lot subdivision for the purpose of developing four (4) townhouse
condominiums on the property at 8603 Imperial Highway.
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 representative for the development plan also filed two other
planning applications in conjunction with Tentative Map No. 72992, both for the
purpose of developing the contemplated 4 -unit townhouse condominium project.
They include Zone Variance Application PLN -14- 00175, a 3 -part variance
request seeking relief from the R -3 -0 zone's side and rear setback requirements
and the variable height limitation and Site Plan Review Application PLN -14-
00175.
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 Tentative Tract Map No.
72992 complete and notified the applicant that the Planning Commission would
consider the tentative map, together with the above - mentioned site plan review
and variance applications 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
PLN — 14 — 00175 Tentative Tract Map No. 72992 — Grand Top LLC
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Resolution No 15 — 2910
Planning Commission
offered at the aforesaid hearing, adopted Resolution No. 15 - 2910, approving
Tentative Tract Map No. 72992.
SECTION 2. Having carefully and fully considered all oral and written testimony
and all facts and opinions offered at the aforesaid public hearing, the Planning
Commission further finds, determines and declares that:
That the proposed tentative tract map is consistent with the General Plan.
Namely, approving the requested tentative tract map will implement General
Plan program 1.4.3.1 "Promote ownership -based housing, such as
condominiums, townhouses and planned unit developments."
2. That the desian and improvements of the tentative tract mar) are consistent with
the General Plan. The project site is zoned R -3 -0 (Multiple - Family Residential
Ownership zone), which permits townhouses and condominiums and conforms
with the site's "Medium Density Residential" General Plan category, which allows
for a range of housing types, such as three or more attached townhouse design
condominiums. Additionally, the area of the tentative map's 1- lot subdivision
exceeds the minimum size of lot in the R -3 -0 zone. The lot under consideration
measures 11, 948 square feet, whereas 10,000 square feet is the minimum size
in the affected zone.
3. That the site is physically suitable for the type of development. The project site
is physically suited for the improvements that are accompanying the tentative
map. It is nearly level and no geological hazards are known to exist on it or
underlay it. Further, no active earthquake faults have been identified at the
ground surface within Downey, according to the Safety Chapter of General Plan.
And although the State Division of Mines has designated the City of Downey as
a liquefaction hazard zone, a condition of tentative map approval requires
submission of a geotechnical report when the proposed improvements
architectural plans are submitted in order to mitigate the possibility of
undermining the structure during earthquakes.
4. That the site is physically suitable for the proposed density of development due
to its size and the project's design. The property is larger than the minimum
requirement. It contains 11,948 square feet, whereas 10,000 square feet is the
minimum size of a lot in the R -3 -0 zone. Further evidence of the site's suitability
is the project's planned density and knowing the applicant is not overbuilding the
site. The amount of land area that will be devoted to each dwelling substantially
exceeds the minimum standard. The project is providing 2,987 square feet for
each unit, compared to 1,980, the minimum standard.
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Planning Commission
5. That the desiqn of the tentative tract map or its proposed improvements will not
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat, since the project site is part of the community's
built environment and has supported development in the past. Additionally, the
environmental consequences of Tentative Map No. 72992 have been reviewed
relative to the provisions of the California Environmental Quality Act (CEQA) and
found it to be exempt from CEQA, pursuant to CEQA Guideline Section 15303,
New Construction or Conversion of Small Structures. The proposed tentative
map was determined to be exempt because the CEQA exemption includes
developing a multi - family residential structure totaling no more than four dwelling
units, which corresponds to the map's proposal.
6. That the design of the subdivision or type of improvements will not cause serious
public health problems. The design of this tentative map has been carefully laid
out to avoid conditions that could result in serious public health hazards. Also,
the proposed subdivision is large enough to comply with applicable development
standards, parking requirements, building setback requirements and fire and
yard separation areas. Additionally, conditions of approval have been imposed
on the tentative map to insure that it will not result in health problems.
7. That the_desgn and configuration of this tentative map and its accompanying
improvements will not conflict with the easements ac uired by the public at
large, for access through or use of, property within the proposed subdivision. All
such easements have been noted and reserved, including vehicular and
pedestrian easements and access easements for public utility purposes.
8. That the design and configuration of the tentative map will result in a parcel that
is more than adequate in size to enable the orientation of future buildings to take
e..
advantage of natural and passive cooling opportunities. The tentative map's
parcel is more than adequate in size to take advantage of the natural and
passive cooling opportunities.
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
Tentative Tract Map 72992, subject to the conditions of approval attached hereto as
Exhibit A.
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Resolution No 15 — 2910
Planning Commission
SECTION 4. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2015.
Hector Luj ' Chair , an
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 ;)
Mary Cav nagh, Secretary
City Planning Commission
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EXHIBIT A -- Conditions of Approval
Tentative Tract Map No. 72992
Planning Division
This approval is to establish a 1 -lot subdivision for the purpose of developing four
(4) townhouse condominiums, as shown on Tentative Tract Map No. 72992,
dated February 25, 2015. Deviations or exceptions from said tract map 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 protect health, safety
and welfare.
3. If City approval is contingent upon any changes to the tract map's plans as
submitted, the owner /applicant shall submit three copies of the revised map,
plans, incorporating all approved amendments, overlays, modifications, etc. to
the Planning Division prior to the issuance of building permits.
4. Final Tract Map No. 72292 shall be accepted by the City Council before the
Planning Division and Building & Safety Division issues building permits for the
tract map's townhouse condominium project.
5. All conditions of Tentative Tract Map No. 72992 shall be complied with before
the Planning Commission and City Council accepts the final map.
6. The applicant 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.
7. 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.
8. 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 the 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 costs and attorney's fees that the City may be
required to pay as a result of any such claim, action or proceeding, but such
PLN — 14 — 00175 Tentative Tract Map No. 72992 — Grand Top LLC
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Resolution No 15 — 2910
Planning Commission
participation shall not relieve the owner /applicant of the obligations of this
condition.
9. Approval of Tentative Tract Map No. 72992 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.
10. The owner /applicant shall erect a decorative masonry wall not less than 5.5 feet
or more than seven feet in height above the finished grade along the perimeter
lot lines of the project site, except within the project's front setback area, as
shown on the project's approved site plan, dated December 22, 2014. .
Public Works
11. 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.
12. The owner /applicant shall install all utilities underground.
13. The facility design must provide refuse /recycle enclosure specifications (location,
size).
14. 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.
15. 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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16. 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.
17. 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.
18. 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.
19. 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).
20. 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.
21. The owner /applicant shall provide that all construction graffiti created as part of
this project in the public right -of- way to be removed.
22. 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:
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Planning Commission
• Vehicular easements
• Walkway easements
• Drainage easements
• Utility easements
23. 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.
24. Install a common driveway approach in order to eliminate the curb hump with the
adjoining property to the east.
25. Provide sidewalk ADA accessibility.
26. Verify sewer main lateral connection possible conflict with storm drain main.
Utilities Division
27. 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.
28. The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated
potable water service line, meter, and meter box for each unit.
29. The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water
service line, meter, and meter box for the landscaping irrigation system.
30. 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.
31. 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.
32. 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.
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33. 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.
34. 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.
35. 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.
36. 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).
37. 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.
38. The owner /applicant is responsible for coordinating with and payment to the City
and CSDLAC for all sanitary sewer connection and capacity charges.
39. The owner /applicant shall obtain all necessary plan approvals and permits.
40. 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.
41. Utility plans shall be submitted to and approved by the Department of Public
Works prior to the issuance of the grading plan permit
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Building & Safety Division
42. 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.
43. 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.
44. Obtain all necessary plan approvals and permits.
45. 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
46. 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)].
47. 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.
48. All construction shall comply with fire separation requirements in accordance with
the California Building Code.
49. 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.
❑ 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)
(Owner or authorized agent of the owner
Date
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