HomeMy WebLinkAbout4. PLN-16-00018 8104 Stewart & GraySTAFF REPORT
PLANNING DIVISION
DATE: APRIL 6, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-16-00018 (ZONE CHANGE, TENTATIVE TRACT MAP NO. 74082,
AND SITE PLAN REVIEW) - A REQUEST TO REZONE A SECTION OF
THE SITE FROM P-B (PARKING BUFFER) TO R-3 (MULTIPLE-FAMILY
RESIDENTIAL) AND TO DEVELOP OF A 7 -UNIT TOWNHOME PROJECT
ON PROPERTY LOCATED AT 8104 STEWART & GRAY ROAD
LOCATION: 8104 STEWART & GRAY ROAD
ZONING: P-B & R-3 (PARKING BUFFER & MULTIPLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The proposed project is a request to develop the property at 8104 Stewart and Gray Road with
seven townhomes. The rear 66 feet of the 15,934 square foot parcel is zoned P-B (Parking
Buffer) and the remaining area is zoned R-3 (Multiple-Family Residential). As a part of the
application, the Applicant proposes to rezone the P-B area to R-3. Based on the analysis
contained within this report, staff recommends that the Planning Commission adopt the
following titled resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE (PLN-16-
00018), THEREBY REZONING THE SOUTHERLY SIXTY-SIX (66’) FEET OF
THE PROPERTY LOCATED AT 8104 STEWART & GRAY ROAD FROM P-B
(PARKING BUFFER) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING TENTATIVE TRACT MAP NO. 74082 AND SITE PLAN REVIEW
(PLN-16-00018), THEREBY ALLOWING A 7-UNIT TOWNHOME PROJECT ON
PROPERTY LOCATED AT 8104 STEWART & GRAY ROAD
BACKGROUND
The subject property is located on the south side of Stewart and Gray Road, east of Paramount
Blvd. It is zoned P-B and R-3 (Parking Buffer and Multiple-Family Residential) with a General
Plan Land Use Designation of “Medium Density Residential”. The surrounding properties
include apartment complexes to the north, east and west of the subject site. A single family
residence borders the south side of the site.
Agenda Page 1
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 2
On January 26, 2016, the Applicant submitted an application for PLN-16-00018 (Zone Change,
Tentative Tract Map No. 74082, and Site Plan Review) to rezone the southerly 66’ of the
property from P-B to R-3 and to develop a 7-unit townhome project. After a careful review of the
proposal, staff deemed the application complete on February 19, 2016. On March 24, 2016,
notice of the pending public hearing was sent to all property owners within 500’ of the subject
site and the notice was published in the Downey Patriot.
DISCUSSION/ANALYSIS
The applicant is proposing to develop the 15,934 square foot parcel (62’ wide by 257’ deep) into
a 7-unit townhome project. All existing structures on the property will be demolished in order to
comply with the development standards for the new development. The project requires the
Planning Commission’s approval of the following entitlements: a zone change, a tentative tract
map, and site plan review. Below is an analysis of these applications:
a. Zone Change
The Applicant is requesting to rezone the southerly (rear) 66’ of the property from P-B (Parking
Buffer) to R-3 (Multiple-Family Residential). The proposed change will maximize the number of
residential units on the property. The proposed change of zone will be consistent with the
policies and Land Use Designations of the General Plan.
The Zoning Map below illustrates that the zoning of the subject property is consistent with the
abutting properties to the east and to the west. The southerly 66’ that zone P-B separates the
subject property from the single-family residences to the south. When the City updated the
Zoning Ordinance in 2008, the P-B zone was eliminated. However, in recognition of the action,
properties in Downey with the P-B zoning designation are rezoned when the Planning
Commission considers other discretionary actions on said properties. Accordingly, the applicant
is requesting to rezone under this application.
ZONING MAP (EXISTING AND PROPOSED)
SUBJECT
PROPERTY
P-B
66’
Agenda Page 2
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 3
The proposed change of zone from P-B to R-3 is consistent with the intent and purpose of the
City’s residential zone regulations because the change is simply a clean-up action to eliminate
the P-B zone that no longer exists since the City updated its Zoning Ordinance in 2008. The
proposed change of zone for the southerly sixty-six feet of the subject property from P-B to R-3
allows the entire parcel to comply with the current R-3 development standards; thus, maintain
compatibility with surrounding uses.
b. Tentative Map No. 74082 and Site Plan Review
The Subdivision Map Act (Subsections 66410-66499.58 of the Government Code of the State of
California) defines “Tentative Map” as follows:
…”Tentative Map” refers to a map made for the purpose of showing the design
and improvement of a proposed subdivision and the existing conditions in and
around it and need not be based upon an accurate or detailed final survey of the
property.”
Tentative Map No. 74082 proposes to develop the subject property for townhome purposes.
The submitted plans show all seven units will be located along the west side of the property. A
20’ wide common driveway that serves the project is located along the easterly property line and
extends it from the front of the site to the rear. The subject site contains 15,934 square feet of
gross land area. Tentative Map No. 74082 illustrates the common open space areas on the
subject site as well as four (4) designated guest parking spaces that are located at the rear of
the property.
Table 9.3.4 of the Downey Municipal Code Section 9312.08 identifies the development
standards for multiple residential uses in the City. The following Table 1 summarizes the
standards for the proposed townhome project:
Table 1 – Development Standards
Standard Requirement / Allow Proposed
Lot Area 10,000 sq. ft. minimum 15,934 sq. ft.
Lot Coverage 50 percent maximum 38 percent
Building Height 35’ or 3 stories 34’, 3 stories
Building Setback
Front: 15’
Rear: 46’
Interior: 5’
Front: 15’
Rear: 48’-9”
Interior: 5’
Min. Unit Size 1,815 sq. ft. 1,910 sq. ft. (units 1-6)
2,273 sq. ft. (unit 7)
Open Space 1,400 sq. ft. (200 sq. ft. per unit) 2,983 sq. ft.
(incl. decks and common area)
Garage per Unit 2 enclosed garage/ unit 7 (20’ x 20’ garage) total
Guest Parking 4 spaces 4 spaces
Agenda Page 3
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 4
Architecture
The applicant proposes a contemporary architectural design for the project with the use of
horizontal and vertical patterns integrated into the building. The patterns are achieved with a
combination of building articulation, wood-like siding materials, reveal lines (expansion joints),
and window design. The applicant also proposes an arch- shaped element above the roof lines
along the front (north) elevation facing Stewart and Gray Road, to enhance the design of the
building. The project plans also include roof deck areas for units one through six. Unit seven
will have its own sundeck on the third floor.
A combination of stucco and wood siding helps further define façade articulation. A gable roof
with composition shingles will be used on the building. Awning design elements in smooth
stucco will be applied adjacent and frame both sides of the windows on the second and third
floor elevations. Additional articulations will be provided in between windows with the use of
metal reveal lines, which are actually expansion joints in the stucco surface, and by metal mesh
insets. Units 1 through 6 will be the same size (1,910 sq. ft.), except Unit 7 will have 2,273
square feet of living space. Each unit is three stories tall and will have a private sundeck. The
building will incorporate the following elements and colors to reflect contemporary architecture
design: metal panel with steel frame guardrails, metal accent inserts between windows, wood
siding, and smooth-finished stucco. The Applicant proposes stucco finishes in crystal white and
wood siding in dark cherry, while all of the window and door trims will be painted white.
Circulation
Stewart & Gray Road is a local secondary street that provides vehicular access to the subject
site. The proposed plan shows a 20’ wide driveway located along the easterly property line,
extending from the front of the site to the rear. Due to the depth of the site, the common
driveway also serves as a fire lane. Overall, on-site circulation should be safe and efficient.
Agenda Page 4
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 5
Landscaping
PLN-16-00018 proposes a variety of plants to create visual interest for the townhome project
and along the perimeter of the site. The following Table identifies these plants:
Botanical Name Common Name Size Total
Trees Syragus Romanzofiana Queen Palm 24” Box 2
Ramnus Crocea Ilicifolia Hollyleaf Redberry 5 Gallon 12
Junipers Californica Juniper 5 Gallon 11
Parthenocissus Tricuspidata Boston Ivy 5 Gallon 11
Groundcovers Equisetum Hymale Scouring Rush Flat
DEVELOPMENT REVIEW COMMITTEE
On February 11, 2016, the Development Review Committee (DRC) discussed and evaluated
the aspects of PLN-16-00018 that pertain to Planning, Police, Fire, Public Works, and Building
and Safety matters. The Public Works, Fire, and Building and Safety Departments provided
their standard conditions of approval and expressed no concern about the proposed project.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, staff 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 CEQA. It is staff’s opinion the proposed residential development will not have a
significant effect on the environment; thereby qualifying for the Class 32 exemption.
FINDINGS
Zone Change
In order for the Planning Commission to recommend approval of the Zone Change, they must
adopt the following five findings.
1. That the zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this chapter
and is in the interest or furtherance of the public health, safety, and general
welfare.
The request to rezone a portion of the property from P-B to R-3 is in harmony with the
Zoning Ordinance that the City updated in 2008. Specifically, the R-3 Zone is intended
for multiple-family residential uses. It is staff’s opinion that the proposed zone change
will provide additional area to accommodate the proposed residential development,
which implements the proposed zoning and the General Plan. Furthermore, the project
site will exceed the minimum parcel requirements set forth in the Zoning Code.
Agenda Page 5
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 6
Considering these factors along with meeting the intent of the land use designation, staff
believes that this zone change will be in harmony with the objectives of the General Plan
and is in the interests of the public health, safety, and general welfare.
2. That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area.
The surrounding area includes residential uses to the north, south, east and west of the
site. The requested zone change will allow the development of a townhome project that
will be similar to the neighboring uses. It is staff’s opinion that rezoning the southerly 66
feet of the project site from P-B (Parking Buffer) to R-3 (Multiple-Family Residential) will
make it compatible with other parcels in the vicinity and continue to support the
residential development in the area.
3. That the site is adequate in size to accommodate the uses permitted in the zone
requested and that all applicable property development standards can be
complied with.
The minimum size requirement for new parcels in the R-3 zone is 10,000 square feet in
size; however, the subject parcel comprises 15,934 square. As part of his request, the
applicant is proposing to rezone the southerly 66 feet of the subject property from P-B to
R-3. This allows the applicant to create a developable site that can easily accommodate
the number of units proposed for the townhome project and comply with all of the
development standards set forth in the Zoning Code.
4. That the site properly relates to streets and highways designed and fully improved
to carry the type and quantity of traffic that is expected to be generated in the area
and that utilities exist or are planned which will adequately serve the property as
rezoned.
The subject site is located on the south side of Stewart and Gray Road. It is a secondary
arterial with four travel lanes (two in each direction). The proposed residential project is
for seven townhomes and a review of the area indicates that all surrounding properties
are residential. It is staff’s opinion that Stewart and Gray Road have sufficient capacity
to accommodate any future development that will occur on the property. Furthermore,
all utility systems are in place and can adequately serve future projects.
5. That the proposed zone change is in general conformance with the General Plan
and General Plan land use designation for the parcel.
Currently, the General Plan Land Use designation for the subject property is Medium
Density Residential. The proposed rezone of the rear 66 feet of the property from P-B to
R-3 will be consistent with the current’s zoning and the Medium Density Residential
(MDR) designation. It is staff’s opinion that the proposed zone change will provide
additional area to accommodate the residential development, which implements the
proposed zoning and existing general plan.
Agenda Page 6
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 7
Tentative Tract Map No. 74082
There are five findings required for the Planning Commission to adopt to approve the Tentative
Tract Map:
1. That the proposed map is consistent with the General Plan.
The City of Downey Housing Element has adopted policies to provide adequate sites
and zoning to encourage and facilitate a range of housing to address the regional fair
share allocation (Policy 2.1) and encourage infill development and recycling of land to
provide adequate residential sites (Policy2.2). Approval of Tentative Tract Map 74082
will result in an increase to the City’s housing inventory; consequently, approval of
Tentative Tract Map 74082 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 physically suitable for the proposed type of development due to its
relatively large regular shape, which has adequate access to accommodate residential
developments in the R-3 (Multiple-Family Residential) zone. It is a 15,934 square foot
parcel that the applicant proposes to develop into a 7-unit townhome project. The
proposed lots exceed the minimum lot area and dimension requirements of the area
substantially, because the minimum lot area for parcels in the R-3 zone is 10,000 square
feet. In addition, the proposed project will be consistent with the neighboring uses.
3. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed project will allow seven residential units on the subject property that will
comply with the development standards for the R-3 zone. The project will not cause
serious public health problems to existing or future occupants of the proposed project,
since there are no sites nearby that pose a health hazard. The proposed development is
for a residential use that is appropriate for the area.
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 design of this residential project will not conflict with easements needed by any
public agency or utility purposes. All such easements either do not exist or have been
noted and reserved.
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 subject site is currently improved with a single family home. Although the proposed
project will introduce new light and traffic into the area, it is not likely to cause substantial
environmental damage or substantially and avoidably injure wildlife or their habitat
Agenda Page 7
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 8
because 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.
Site Plan Review
There are seven findings required for the Planning Commission to adopt to approve the Site
Plan Review:
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.
The Applicant proposes to develop the subject site with seven townhomes. In an overall
review of the General Plan, it is staff’s opinion that the proposed development is
consistent with all of the policies, programs, and goals contained therein. Furthermore,
the objective of the City’s Housing Element Program 5 is 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 construction of the
proposed project, the City’s housing inventory will increase by six units (including the
existing single-family dwelling on the site that will be demolished). For these reasons,
staff is of the opinion that approval of the Site Plan Review is consistent with all other
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.
Article IX of the Municipal Code provides zoning regulations for the development and
use of private property. In this case, the subject site is located within the R-3 zone and
is intended to provide for the development of multiple family residential uses. The
proposed development requires a change of zone to allow multiple dwellings on the
subject property. The proposal to rezone a portion of property from P-B to R-3 is
consistent with the intent and purpose of the City’s residential zone regulations because
the change is simply to eliminate the P-B zone that no longer exists in the recent
updated Zoning Ordinance. It is staff’s opinion that the applicant has designed a project
in a manner that accomplishes all of the goals of the General Plan and Specific Plan,
while avoiding significant impacts to the neighboring properties by utilizing proper site
design, good architecture, and providing active community open spaces.
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 proposed architectural style is contemporary, which will enhance the character of
the project and integrate it harmoniously into the surrounding area. Additionally, the
applicant has proposed four guest parking spaces at the rear of the property, which will
not be visible from public view. Having parking spaces at the rear instead of in front of
the property will further enhance the project’s appearance. It is staff’s opinion that the
combination of architectural style and proposed landscaping, will serve to enhance the
Agenda Page 8
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 9
site and provide an aesthetic enhancement to the entire area, since it is an overall
upgrade to the property and 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 site layout has a common driveway that serves as a primary access to the site. This
allows consistent forward movement of all vehicles, including trash trucks, moving vans,
and emergency vehicles. Pedestrian circulation is separated from vehicle traffic with the
use of walkways that connect all entrances to the units along the westerly side of the
property. It is staff’s opinion that this site layout works best to facilitate vehicle movement
while maximizing pedestrian safety. 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.
The proposed project will replace a residential building that has been in existence since
1949. The new townhome project will enhance the character of the project and integrate
it harmoniously into the surrounding area. The proposed architectural design will further
enhance the project’s appearance. Staff is of the opinion that the proposed architectural
style will be different from other buildings in the area and that this project will upgrade
the overall appearance of the site and 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.
The proposed residential project is for a 7-unit townhome development. A review of the
area indicates that all surrounding properties are residential. It is staff’s opinion that the
surrounding area was taken into consideration in the site design, including entrances to
the units from Stewart and Gray Road. This includes elimination of the visible parking
spaces from the street. Furthermore, this project will result in an aesthetically pleasing
appearance. 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.
Conditions of approval for PLN-16-00018 will include a condition stating that the design
features will incorporate graffiti resistant materials.
Agenda Page 9
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 10
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project
is consistent with the goals and intent of the General Plan and Zoning Code. As noted above,
staff believes that all of the required findings to approve the Zone Change, Tentative Tract Map
and Site Plan Review can be made in a positive manner. As such, staff recommends that the
Planning Commission approve PLN-16-00018, subject to the recommended conditions of
approval.
EXHIBITS
A. Location Map & Proposed Tract Map
B. Aerial Photograph & Site Photograph
C. Project Site Plan
D. Elevations
E. Draft Resolutions
H:\Community Development\Nguyen\CASES\Multi-Case\8104 Stewart Gray (7-Unit Townhome-ZC, TTM, SPR)\PLN-16-
00018 Staff Report (4-6-16).Docx
Agenda Page 10
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 11
Exhibit ‘A’
PROJECT LOCATION
PROPOSED TRACT MAP
Agenda Page 11
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 12
Exhibit ‘B’
AERIAL PHOTOGRAPH
SITE PHOTOGRAPH
SUBJECT
PROPERTY
Agenda Page 12
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 13
Exhibit ‘C’
SITE PLAN
Agenda Page 13
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 14
Exhibit ‘D’
Agenda Page 14
RESOLUTION NO. 16-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE (PLN-16-
00018), THEREBY REZONING THE SOUTHERLY SIXTY-SIX (66’) FEET OF THE
PROPERTY LOCATED AT 8104 STEWART & GRAY RD FROM P-B (PARKING
BUFFER) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL)
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. An application was filed by Raul Echemendia (hereinafter "Applicant") requesting
approval of a zone change to rezone a portion of the property from P-B (Parking
Buffer) to R-3 (Multiple-Family Residential), on property at 8104 Stewart & Gray
Rd, Downey, California (hereinafter "Subject Site");
B. Concurrently, the applicant has requested for approval of Tentative Tract Map
No. 74082 and Site Plan Review for the development of a 7-unit townhome
project;
C. On March 24, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot;
D. The Planning Commission held a duly noticed public hearing on April 6, 2016,
and after fully considering all oral and written testimony, 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, the Planning Commission further finds, determines and declares that:
A. That the zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this
chapter and is in the interests or furtherance of the public health, safety,
and general welfare. The request to rezone a portion of the property from P-B to
R-3 is in harmony with the Zoning Ordinance that the City updated in 2008.
Specifically, the R-3 Zone is intended for multiple-family residential uses. It is
staff’s opinion that the proposed zone change will provide additional area to
accommodate the proposed residential development, which implements the
proposed zoning and the General Plan. Furthermore, the project site will exceed
the minimum parcel requirements set forth in the Zoning Code. Considering these
factors along with meeting the intent of the land use designation, staff believes
that this zone change will be in harmony with the objectives of the General Plan
and is in the interest of the public health, safety, and general welfare.
Agenda Page 15
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 2
B. That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area. The surrounding
area includes residential uses to the north, south, east and west of the site. The
requested zone change will allow the development of a townhome project that will
be similar to the neighboring uses. It is staff’s opinion that rezoning the southerly
66 feet of the project site from P-B (Parking Buffer) to R-3 (Multiple-Family
Residential) will make it compatible with other parcels in the vicinity and continue
to support the residential development in the area.
C. That the site is adequate in size to accommodate the uses permitted in the
zone requested and that all applicable property development standards can
be complied with. The minimum size requirement for new parcels in the R-3
zone is 10,000 square feet in size; however, the subject parcel comprises 15,934
square. As part of his request, the applicant is proposing to rezone the southerly
66 feet of the subject property from P-B to R-3. This allows the applicant to
create a developable site that can easily accommodate the number of units
proposed for the townhome project and comply with all of the development
standards set forth in the Zoning Code.
D. That the site properly relates to streets and highways designed and fully
improved to carry the type and quantity of traffic that is expected to be
generated in the area and that utilities exist or are planned which will
adequately serve the property as rezoned. The subject site is located on the
south side of Stewart and Gray Road. It is a secondary arterial with four travel
lanes (two in each direction). The proposed residential project is for seven
townhomes and a review of the area indicates that all surrounding properties are
residential. It is staff’s opinion that Stewart and Gray Road has sufficient capacity
to accommodate any future development that will occur on the property.
Furthermore, all utility systems are in place and can adequately serve future
projects.
E. That the proposed zone change is in general conformance with the General
Plan and General Plan land use designation for the parcel. Currently, the
General Plan Land Use designation for the subject property is Medium Density
Residential. The proposed rezone of the rear 66 feet of the property from P-B to
R-3 will be consistent with the Medium Density Residential designation. It is
staff’s opinion that the proposed zone change will provide additional area to
accommodate the residential development, which implements the proposed
zoning and existing general plan.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN-16-00018,
subject to the Conditions of Approval attached hereto, 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.
Agenda Page 16
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April 2016.
Matias Flores, 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 6th day of April 2016,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 17
RESOLUTION NO. 16-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING TENTATIVE TRACT MAP NO. 74082 AND SITE PLAN REVIEW
(PLN-16-00018), THEREBY ALLOWING THE CONSTRUCTION OF A 7-UNIT
TOWNHOME DEVELOPMENT ON PROPERTY LOCATED AT 8104 STEWART &
GRAY ROAD
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. An application was filed by Raul Echemendia (hereinafter "Applicant") requesting
approval of a Tentative Tract Map No. 74082 and Site Plan Review, to develop a
7-unit townhome project, on property at 8104 Stewart and Gray Road, Downey,
California (hereinafter "Subject Site"), zoned P-B & R-3 (Parking Buffer &
Multiple-Family Residential); and,
B. The project site currently maintains two zoning classifications: the southerly
(rear) sixty-six (66’) feet portion of the property is zoned P-B, while the remaining
is zoned R-3. Simultaneously, the applicant has requested to rezone it from P-B
to R-3; and,
C. On March 24, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on April 6, 2016,
and after fully considering all oral and written testimony, 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:
A. That the proposed map is consistent with the General Plan. The City of
Downey Housing Element has adopted policies to provide adequate sites and
zoning to encourage and facilitate a range of housing to address the regional fair
share allocation (Policy 2.1) and encourage infill development and recycling of
land to provide adequate residential sites (Policy2.2). Approval of Tentative Tract
Map 74082 will result in an increase to the City’s housing inventory; consequently,
approval of Tentative Tract Map 74082 is consistent with the goals, policies,
programs, and land uses of applicable elements of the General Plan.
Agenda Page 18
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 2
B. That the site is physically suitable for the type and density of development.
The subject site is physically suitable for the proposed type of development due to its
relatively large regular shape, which has adequate access to accommodate
residential developments in the R-3 (Multiple-Family Residential) zone. It is a 15,934
square foot parcel that the applicant proposes to develop into a 7-unit townhome
project. The proposed lots exceed the minimum lot area and dimension
requirements of the area substantially, because the minimum lot area for parcels in
the R-3 zone is 10,000 square feet. In addition, the proposed project will be
consistent with the neighboring uses.
C. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems. The proposed project will allow seven
residential units on the subject property that will comply with the development
standards for the R-3 zone. The project will not cause serious public health
problems to existing or future occupants of the proposed project, since there are
no sites nearby that pose a health hazard. The proposed development is for a
residential use that is appropriate for the area.
D. 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 design of this
residential project will not conflict with easements needed by any public agency or
utility purposes. All such easements either do not exist or have been noted and
reserved.
E. 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 subject site is currently improved
with a single family home. Although the proposed project will introduce new light
and traffic into the area, it is not likely to cause substantial environmental damage
or substantially and avoidably injure wildlife or their habitat because 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.
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:
A. 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. The Applicant proposes to develop the subject site with seven
townhomes. In an overall review of the General Plan, it is staff’s opinion that the
proposed development is consistent with all of the policies, programs, and goals
contained therein. Furthermore, the objective of the City’s Housing Element
Program 5 is 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 construction of the proposed project,
the City’s housing inventory will increase by six units (including the existing single-
family dwelling on the site that will be demolished). For these reasons, staff is of
Agenda Page 19
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 3
the opinion that approval of the Site Plan Review is consistent with all other goals,
policies, programs, and land uses of applicable elements of the General Plan.
B. The proposed development is in accordance with the purposes and
objectives of Article IX and the zone in which the site is located. Article IX of
the Municipal Code provides zoning regulations for the development and use of
private property. In this case, the subject site is located within the R-3 zone and
is intended to provide for the development of multiple family residential uses. The
proposed development requires a change of zone to allow multiple dwellings on
the subject property. The proposal to rezone a portion of property from P-B to R-
3 is consistent with the intent and purpose of the City’s residential zone
regulations because the change is simply to eliminate the P-B zone that no longer
exists in the recent updated Zoning Ordinance. It is staff’s opinion that the
applicant has designed a project in a manner that accomplishes all of the goals of
the General Plan and Specific Plan, while avoiding significant impacts to the
neighboring properties by utilizing proper site design, good architecture, and
providing active community open spaces.
C. The proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City. The proposed architectural style is
contemporary, which will enhance the character of the project and integrate it
harmoniously into the surrounding area. Additionally, the applicant has proposed
four guest parking spaces at the rear of the property, which will not be visible from
public view. Having parking spaces at the rear instead of in front of the property
will further enhance the project’s appearance. It is staff’s opinion that the
combination of architectural style and proposed landscaping, 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 augments the quality of the
streetscape.
D. The site plan and location of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public streets. The site
layout has a common driveway that serves as a primary access to the site. This
allows consistent forward movement of all vehicles, including trash trucks, moving
vans, and emergency vehicles. Pedestrian circulation is separated from vehicle
traffic with the use of walkways that connect all entrances to the units along the
westerly side of the property. It is staff’s opinion that this site layout works best to
facilitate vehicle movement while maximizing pedestrian safety. 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.
E. The proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The proposed project will replace a residential building
that has been in existence since 1949. The new townhome project will enhance
Agenda Page 20
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 4
the character of the project and integrate it harmoniously into the surrounding
area. The proposed architectural design will further enhance the project’s
appearance. Staff is of the opinion that the proposed architectural style will be
different from other buildings in the area and that this project will upgrade the
overall appearance of the site and improve the community appearance.
F. The site plan and design considerations shall tend to upgrade property in
the immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and
welfare. The proposed residential project is for a 7-unit townhome development.
A review of the area indicates that all surrounding properties are residential. It is
staff’s opinion that the surrounding area was taken into consideration in the site
design, including entrances to the units from Stewart and Gray Road. This
includes elimination of the visible parking spaces from the street. Furthermore,
this project will result in an aesthetically pleasing appearance. This development,
in staff’s opinion, will promote the public health, safety, and welfare of those who
work or reside in the area.
G. 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. Conditions of
approval for PLN-16-00018 will include a condition stating that the design
features will incorporate graffiti resistant materials.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN-16-00018,
subject to the Conditions of Approval attached hereto, 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.
Agenda Page 21
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 5
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April 2016.
Matias Flores, 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 6th day of April 2016,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 22
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 6
TENTATIVE TRACT MAP NO. 74082 AND
SITE PLAN REVIEW (PLN-16-00018)
CONDITIONS OF APPROVAL
PLANNING
1) The approval of this Tentative Tract Map No. 74082 and Site Plan Review (PLN-16-
00018) allows for the development of a 15,934 square foot parcel into a 7-unit townhome
project, on property located at 8104 Stewart and Gray Road. This approval also includes
all common open space and private sundeck areas contained therein.
2) The owner/applicant shall adhere to the approved building colors and materials for the
new structure as listed on the approved elevations.
3) Approval of this Tentative Tract Map and Site Plan Review 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.
4) 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.
5) 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.
6) 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.
7) The owner/applicant shall remove or paint over any graffiti painted upon the premises,
within twenty-four (24) hours.
8) Noise generated from the proposed use shall comply with Municipal Code Section 4600
et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
9) All signs shall comply with the requirements set forth in the Downey Municipal Code.
10) All roof-mounted mechanical equipment shall be screened from view. The working
drawings shall include a cross-section detail to illustrate that the height of the building
parapet is sufficient to screen all roof-mounted equipment from view.
Agenda Page 23
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 7
11) The Applicant shall revise the North Elevation to incorporate the steel mesh used to
enclose the top landing of the staircase, along the entire wall of the staircase.
12) The applicant/owner shall incorporate anti-graffiti elements into the building design, such
as non-porous coatings on exterior wall surfaces, plant materials, and anti-graffiti film on
windows, subject to the approval of the Community Development Director.
13) All developments in excess of $500,000 valuation that involve the construction or
reconstruction of light industrial, commercial or residential buildings (over 4 units) shall
be subject to the Public Arts Program. The Applicant shall either install public art on their
property or pay a cash payment equal to the public arts fee in accordance with the City of
Downey Manual for Arts in Public Places. The Applicant shall verify compliance with this
condition by indicating the public art display on the site plan or paying the public art fee,
prior to the submitting building plans for plan check.
14) Planting areas shall be maintained permanently, which includes proper watering,
pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement
of plants and other materials when necessary.
15) Any proposed exterior light fixtures shall be shielded to prevent glare and light spillover
onto the adjacent residential properties.
16) The applicant/owner shall post signs to address noise and loitering on the subject site.
BUILDING
17) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
18) 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.
19) The owner/applicant shall install 10” address numerals on the exterior of the building.
PUBLIC WORKS
20) If applicable, prior to the issuance of demolition permits, the applicant shall complete a
Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of
the Downey Municipal Code.
21) 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.
22) If applicable, 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.
Agenda Page 24
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 8
23) The owner/applicant shall install all new utilities associated with this project underground.
24) If applicable, the owner/applicant shall install a 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.
25) The owner/applicant shall reconstruct/install curb, gutter, and Portland cement concrete
driveway approaches, 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.
26) All installed pavement shall consist of a minimum section of four inch (4”) thick aggregate
base, and a minimum 2-1/2” thick asphalt concrete pavement.
27) The owner/applicant shall provide that no easements of any type be granted over any
portion of the property 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: 1) Vehicular easements, 2) Walkway
easements, 3) Drainage easements, 4) Utility easements.
28) 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.
FIRE
29) Plans to be submitted through Building and Safety and shall comply with 2013 California
Fire Code, 2013 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
30) 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.
31) If applicable, hydrant placement/spacing shall be in accordance with DMC Section 3610,
(a), (1). “300 feet for industrial, commercial, high density or multi-unit residential areas.”
32) Additional public hydrants may be required depending upon required fire flows, street
width, or tactical considerations by the Fire Chief (DMC Section 3610(c)).
33) Residential Fire Sprinklers shall be installed in accordance with DMC Section 3317 and
NFPA 13D. All new building(s) constructed for any occupancy use shall be protected by
an approved Automatic Fire Extinguishing System throughout, installed in accordance
with current recognized standards.
Agenda Page 25
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 9
34) Fire Lane signage shall be installed in accordance with DMC 3327.
35) Smoke detectors shall be installed within each residential living unit in accordance with
2013 California Fire Code section 907.2.11.2.
36) Residential Addressing- the applicant/owner shall provide each residence with a clearly
visible address.
Agenda Page 26
Resolution No. 16-____
Downey Planning Commission
PLN-16-00018 – 8104 Stewart & Gray Rd
April 6, 2016 - Page 10
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
_____________________________________________________________
_____________________________________________________________
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)
Agenda Page 27