HomeMy WebLinkAbout1. PLN-15-0004 10361 Foster RdSTAFF REPORT
PLANNING DIVISION
DATE: JULY 6, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-15-00004 – A PROPOSAL TO CHANGE THE GENERAL PLAN
LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM
LDR (LOW DENSITY RESIDENTIAL) TO MDR (MEDIUM DENSITY
RESIDENTIAL); TO REZONE THE PROPERTY FROM R-1 (SINGLE-
FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL);
TENTATIVE MAP NO. 72028 STANDARDS TO SUBDIVIDE A 2.41
ACRES PARCEL INTO FOURTEEN CONDOMINIUMS AND A
PRIVATE DRIVEWAY; SITE PLAN REVIEW; AND ADOPT A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
LOCATION: 10361 FOSTER ROAD
ZONING: R-1 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
PLN-15-00004 is a proposal to subdivide an existing property into fourteen (14) condominiums
and a private driveway. The proposed project requires the City’s approval of a General Plan
Amendment to change the land use designation of the property from Low Density Residential to
Medium Density Residential); a zone change from R-1 (Single-Family Residential) to R-3
(Multiple-Family Residential); Tentative Map No. 72028 proposes to subdivide the 104,960
square foot parcel into fourteen (14) condominiums and a private driveway; and Site Plan
Review for the proposed dwellings. Staff also prepared an Initial Study/ Negative Declaration,
which evaluates the potential environmental impacts of the project.
After reviewing the Applicant’s request, staff recommends that the Planning Commission adopt
the following resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-15-00004 (TENTATIVE MAP NO. 72028 AND SITE PLAN
REVIEW), THEREBY ALLOWING THE SUBDIVISION OF 104,960 SQUARE FEET
OF LAND INTO FOURTEEN (14) CONDOMINIUMS AND A PRIVATE DRIVEWAY
AT 10361 FOSTER ROAD AND ZONED R-1 (SINGLE-FAMILY RESIDENTIAL)
AND A NEGATIVE DECLARATION
and
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING APPROVAL OF PLN-15-00004 (GENERAL PLAN
AMENDMENT AND ZONE CHANGE) FOR THE RECLASSIFICATION OF
PROPERTY LOCATED AT 10361 FOSTER ROAD FROM LDR (LOW DENSITY
RESIDENTIAL) TO MDR (MEDIUM DENSITY RESIDENTIAL) AND REZONING OF
SAID PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3
(MULTIPLE-FAMILY RESIDENTIAL)
BACKGROUND
The subject property exists in the southernmost section of the City of Downey. It is located on
the north side of Foster Road, which marks the border between the cities of Downey and
Bellflower. The subject site is surrounded by chain-link fences and is covered by annual
grasses. A vacant parcel abutting the north end of the subject property is an underdeveloped
extension of the Caltrans easement. The San Gabriel River Flood Control Channel, which
includes a paved levee that serves as a bicycle trail and a pedestrian path, borders the east side
of the property. A nearby bridge goes across the flood control panel at this point and provides
pedestrian and bicycle access to the City of Norwalk. A Southern California Edison easement
with electrical transmission towers exists along the west boundary. Single-family residences
adjoin the westerly side of the Edison easement. The Edison easement extends across Foster
Road, where it was developed into a City Park (Byron Zinn Park). A self-storage facility and the
park are located on the south side of Foster Road in Bellflower.
AERIAL PHOTOGRAPH
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The subject property comprises 104,960 square feet of land (2.41 acres), on the north side of
Foster Road. It is an irregular-shaped lot that is relatively flat and vacant. It is approximately
137 wide along the street frontage and narrows to a width of approximately 80 feet at its
northerly portion. Several easements encumber the site: a twenty-five foot wide easement to the
County of Los Angeles exists along the frontage of the property for road purposes; a Los
Angeles County Flood Control District easement (a berm) of varying widths exists along the east
side of the site for flood control channel purposes; an easement to the City of Downey exists
along the frontage for bicycle trail purposes; and a twenty-five foot wide Caltrans easement
traverses the center of the site for flood control purposes.
DISCUSSION / ANALYSIS
Multiple aspects of PLN-15-00004 require the Planning Commission’s approval to bring this
project to fruition: Tentative Map No. 72028 proposes to subdivide the 104,960 square foot
parcel into fourteen (14) condominiums and a private driveway; a General Plan Amendment to
change the land use designation of the property from Low Density Residential to Medium
Density Residential; a zone change from R-1 (Single Family Residential) to R-3 (Multiple -
Family Residential); and Site Plan Review of the site layout and architectural of the proposed
dwellings. The following analyzes each aspect of PLN-15-00004:
a. General Plan Amendment
PLN -15-00004 includes a request to amend the Downey General Plan, to change the land
use designation of the subject property from LDR (Low Density Residential) to MDR
(Medium Density Residential).
Downey Vision 2025, the General Plan, establishes the “Low Density Residential”
designation for detached single-family dwelling units of densities of one to 8.9 units per
acre. The corresponding zone for this designation is R-1, Single-Family Residential, which
includes several variations based on lot size R-1 5,000, R-1 6,000, R-1 7,500, R-1 8,500,
and R-1 10,000. Typically, a maximum of one housing unit is allowed per lot, regardless of
size. Conversely, the “Medium Density Residential” designation allows for a range of
housing types that involve densities at 18 to 24 housing units per acre. The corresponding
zone for this designation is R-3, Medium Density Residential. The housing types are
consistent with the MDR designation from three or more attached (or detached) units on
the same property, to larger apartments, townhouses and condominiums.
The Applicant has made this request to amend the General Plan on the basis that the
property is zoned single family residential, but the lot size and location would not be the
best nor highest use of it. The site is too narrow to create multiple single-family lots and is
too large to support only one house. The Applicant feels that the subject site is better suited
for multiple dwellings but the General Plan and the single-family residential zoning
designation do not allow them.
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(EXISTING) GENERAL PLAN LAND USE MAP
I-105 FREEWAY
WO
O
DR
U
F
F
A
V
E
N
U
E
SUBJECT PROPERTY
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A review of the General Plan Land Use Map above reveals that the subject property and its
LDR designation (Yellow) are bordered on the east and west sides by properties with the
Open Space designation (Green). This is the only situation in Downey where this particular
juxtaposition occurs. The Applicant proposes to change the land use designation to MDR
(Brown), which as the map on the previous page reflects, is a condition that exits on
properties on the opposite side of the I-105 Freeway to the north. MDR properties also abut
Open Space-designated properties on the west side of the City (A full representation of the
General Plan Land Use Map is attached as an exhibit). Perhaps it is worth noting that MDR
designated properties almost always abut LDR properties; however, these properties are
found next to properties designated as Neighborhood Commercial, General Commercial,
Office, and Commercial-Manufacturing as well.
(PROPOSED) GENERAL PLAN LAND USE MAP
b. Zone Change
The Applicant is requesting a zone change in association with the General Plan
Amendment. In this case, the request is to change the zoning of the property from R-1
(Single-Family Residential) to R-3 (Multiple-Family Residential). The reason for the change
is to allow multiple units on the property because the lot is too large (104,960 sq. ft.) for
one single-family dwelling, and too narrow to create multiple single-family lots.
It is incumbent upon staff and the Planning Commission to ensure that the Applicant’s
request to change the zoning of this property is not construed as spot zoning. Spot
zoning is the placing of a small area of land in a different zone from that of neighboring
property. This practice is problematic if the singling out of one small parcel of land for a
use classification totally different from that of the surrounding area benefits the owner of
I-105 FREEWAY
WO
O
D
R
U
F
F
A
V
E
N
U
E
SUBJECT PROPERTY
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that property to the detriment of other property owners. Therefore, it is imperative to
consider whether the zoning relates to the compatibility of surrounding uses,
characteristics of the land, the size of the parcel, and the degree of the “public benefit.” It
is also required that the proposed rezoning should be consistent with the policies and land
use designations of the General Plan.
ZONING MAP (EXISTING)
1. Proposed Zoning
The Zoning Map above illustrates that the zoning of the subject property is
consistent with the abutting property to the east and for most of the Downey
properties to the west. The Southern California Edison easement is zoned OS
(Open Space). It separates the subject property from the single-family residences
further west. The Applicant has requested to change the zoning to R-3, which is
different from any other zoning designation nearby.
Section 9312.02 (a) of the Downey Municipal Code describes the intent and purpose
of the City’s residential zone regulations as follows:
(1) Provide for a variety of well-designed and well-maintained housing types and
neighborhoods in the community.
(2) Ensure neighborhood areas for residential living contain a broad range of
dwelling unit densities consistent with the General Plan and appropriate
standards of public health, safety, welfare, and aesthetics.
SUBJECT
PROPERTY
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(3) Designate lands to accommodate housing units that meet the diverse
economic needs of the residents.
(4) Encourage residential development that retains the scale and character of
existing residential neighborhoods.
(5) Facilitate the provision of adequate light, air, privacy, and open space for
each dwelling unit.
(6) Protect residential neighborhoods from incompatible uses.
The proposed change of zone from R-1 to R-3 is consistent with the intent and
purpose of the City’s residential zone regulations because the change is simply from
one type of residential use to another. The R-1 zone seeks to maintain and stabilize
the residential character of such areas, whereas the R-3 Zone provides for the
development of multiple-family residential living areas compatible with the
neighborhood environment and outdoor recreation potential of the community. Such
areas are envisioned as being located and designed to be complementary to adjacent
uses and at the same time provide suitable space for multiple-family living quarters.
The proposed change of zone from R-1 to R-3 allows the subject property to maintain
its compatibility with surrounding uses.
2. Characteristics of the Land
The subject property exists in the southernmost section of Downey, somewhat isolated
from the rest of the City. It is an irregular-shaped lot that is relatively flat and vacant. It
is approximately 137 feet wide along the street frontage and narrows to a width of
approximately 80 feet at its northerly portion. The subject site is surrounded by chain-
link fences and it is covered by annual grasses. A vacant parcel abutting the north end
of the subject property is an underdeveloped extension of a Caltrans easement. The
San Gabriel River Flood Control Channel, which includes a paved levee that serves as
a bicycle trail and a pedestrian path, borders the east side of the property and a
Southern California Edison easement with electrical transmission towers exists along
the west boundary. All of these aspects of the property contribute to the reduced
interest in the site and are contributing factors for it remaining undeveloped.
3. Parcel Size
The subject property comprises 104,960 square feet of land (2.41 acres), on the north
side of Foster Road. It is an irregular-shaped lot that is relatively flat and vacant. Its
narrow width and significant depth, coupled with the easements affecting the property,
make the site difficult to develop as a single residence from a practical standpoint and
almost impossible to develop into multiple single-family lots. Nevertheless, judging by
its 104,960 square foot size alone, the subject property is of sufficient size to yield 57
dwelling units in the R-3 zone, based upon the standard of one unit per 1,815 square
feet of land area. The Applicant proposes 14 units on the site.
4. Public Benefit
The public stands to benefit by the opportunity for home ownership these new
condominiums will provide. Homeowners residing in the neighborhood to the west of
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the project site will gain an added sense of security because the condominiums will
provide a barrier from the bicycle path activities and from undesirables who may be
attracted to the vacant site. The new homes will also provide them an added sense of
neighborhood.
5. General Plan Land Use Designations and Policies
In addition to the change of zoning on the subject property from R-1 to R-3, the
Applicant is requesting approval of a General Plan Amendment to change the land use
designation on the property from LDR to MDR. Doing so makes the zone change and
the land use designations of the General Plan consistent. Project implementation will
also address General Plan policies regarding future population growth (Policy 1.1.2),
promoting residential construction that compliments existing neighborhoods (Policy
1.4.2), and home ownership (Policy 1.4.3).
ZONING MAP (PROPOSED)
c. Tentative Map No. 72028
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.”
SUBJECT
PROPERTY
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Procedurally, after receiving the City’s approval of a tentative map and prior to the expiration
of such map, the subdivider causes the property to be surveyed and a final map prepared in
accordance with the approved tentative map. Government Code Section 66452.6 provides
that an approved tentative map shall expire 24 months after its approval or by any additional
period of time granted by local ordinance not to exceed twelve months.
Tentative Map No. 72028 proposes to subdivide the 104,960 square foot irregular lot for
condominium purposes. The subject site measures approximately 100 feet in width and
1,179 feet in depth. It places each of the fourteen (14) lots along the west property line, which
borders the Southern California Edison easement, and it identifies a levee along the easterly
side that is associated with the Los Angeles County Flood Control channel. Tentative Map
No. 72820 locates a private driveway down the center of the property, extending from the
front of the site to the rear. The private driveway also serves as a fire lane. It provides a
“hammerhead” fire truck turnaround area at the northerly end of the private driveway and
maintains the minimum aisle width required for fire truck access throughout (20’-0”). The
tentative map also proposes a six foot (6’) high metal fence adjacent to the base of a berm
associated with the levee.
The lot lines for the fourteen condominiums will extend from the west property line, across
the private driveway and the berm, to the east property line of the site. The lots proposed by
Tentative Map 72820 range in size from 5,367 square feet of lot area (Lot 3) to as much as
8,487 square feet (Lot 1). The average lot width is approximately 70 feet and the average lot
depth measures approximately 100 feet. In addition to the commonly-owned private
driveway, Tentative Map No. 72028 illustrates the common open space area at the northerly
end of the site.
Tentative Map No. 72028 identifies the various easements that run adjacent to or throughout
the subject site as follows:
1. A twenty foot (20’-0”) road easement to the County of Los Angeles extends from a point
near the center of Foster Road and along the frontage of the site.
2. An easement to the Los Angeles County Flood Control District for flood control purposes
extends along the easterly side of the property.
3. An easement to the City of Downey for bicycle trail and appurtenant structure purposes
exists at the site frontage.
4. A twenty-five foot (25’) storm drain easement to Caltrans extends down the center of the
property in a north to south direction. The storm drain measures 10’-0” x 5’-0”. The
majority of its length would travel beneath the proposed private driveway. Tentative Map
72028 states that Caltrans shall maintain the right to access the common areas of the
project at all times, for the purpose of maintaining the public health, safety, and general
welfare.
5. A permit for a water well (Water Well No. 1588P) that exists on the street frontage of the
property.
6. Variable road width dedication for turnaround purposes.
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The following Table describes the subject property and the proposed subdivision:
LAND USE STATISTICS
Total Land Area 104,960 sq. ft.
Common Recreational Area 3,399 sq. ft.
Total Private Area 18,974 sq. ft.
Lot No. Lot Depth Lot Width Lot Area Unit Type
1 124.3 Ft. 96.6 Ft. 8,487 sq. ft. A
2 119.5 Ft. 43.5 Ft. 6,262 sq. ft. A
3 116.5 Ft. 45.5 Ft. 5,367 sq. ft. A
4 112.4 Ft. 67.5 Ft. 7,730 sq. ft. B
5 108.3 Ft. 67.5 ft. 7,432 sq. ft. B
6 104.1 Ft. 67.5 Ft. 7,178 sq. ft. B
7 99.9 Ft. 67.5 Ft. 6,885 sq. ft. B
8 95.8 Ft. 67.5 Ft. 6,560 sq. ft. B
9 92.0 Ft 79.0 Ft. 6,461 sq. ft. C
10 88.8 Ft. 79.0 Ft. 7,139 sq. ft. C
11 86.6 Ft. 79.0 Ft. 6,920 sq. ft. C
12 85.4 Ft. 79.0 Ft. 6,790 sq. ft. C
13 84.6 Ft. 79.0 Ft. 6,722 sq. ft. C
14 83.9 Ft. 81.0 Ft 6,760 sq. ft. C
Average 100.15 Ft. 70.2 Ft. 6,907 sq. ft. -
d. Site Plan Review
Section 9820 of the Code discusses the intent and purpose of site plan review, which is
to provide a streamlined administrative review process for verifying a project’s
compliance with the requisite development, design, and use standards, while assuring
interested parties that propose uses, structures, designs, and site improvements
comply with the provisions of the Code before preparation of plans for building permits.
Architecture
PLN-15-00004 proposes three different building designs (Plan A, Plan B and Plan C) for
the fourteen condominiums. All of the units will locate along the westerly side of the
subject property. The first three units at the site entrance will be Plan A designs, followed
by six versions of Plan B, four versions of Plan C, and one additional Plan B. Although the
units vary in size, each structure has two stories and will incorporate the following
elements to reflect contemporary architecture with standing-seam metal roofs, wood
siding, metal railings, and smooth and rough-finished stucco. The Applicant proposes
stucco finishes in tan or dark orange, while all of the window and door trims will be painted
white. Ten buildings will contain two units that share a common wall, while four buildings
will feature only one dwelling.
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Land Use Statistics
Land Area: 104,960 sq. ft.
Number of Units: 14 Units
Lot Area per Dwelling Unit:
Minimum: 1 unit per 1,815 sq. ft.
Proposed: 1 unit per 7,497 sq. ft.
Lot Coverage:
Maximum: 50%
Proposed: 21.3%
Useable Open Space:
Minimum Required: 200 sq. ft. per 14 Units = 2,800 sq. ft.
Proposed:
Unit A: 209 sq. ft. (x 3 Units) = 627 sq. ft.
Unit B: 200 sq. ft. (x 7 Units) = 1,400 sq. ft.*
Unit C: 105 sq. ft. (x 4 Units) = 420 sq. ft.*
Common Area: 3,399 sq. ft.
Total Proposed Useable Open Space: 3,399+627 = 4,026 sq. ft.
*Usable open space on patios shall not be less than 10 (10) feet in any direction;
proposed patios on Unit B and Unit C do not satisfy this requirement are not included
in the calculation for Total Proposed Open Space for the project
Parking:
Required: 2.0 covered spaces within a garage plus 0.5 guest parking spaces per unit
= 35 spaces (28 covered plus 7 guest parking spaces)
Provided: 52 Spaces (28 spaces within a garage, 18 spaces on the driveway in front of
the garages on Lots 1-9, plus six (6) spaces along the private driveway
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DWELLING UNIT FLOOR AREA
Type 1st Floor 2nd Floor Living Area Garage
A 1,214 sq. ft. 1,217 sq. ft. 2,431 sq. ft. 400 sq. ft.
B 1,102 sq. ft. 1,424 sq. ft. 2,526 sq. ft. 400 sq. ft.
C 1,346 sq. ft. 1,776 sq. ft. 3,122 sq. ft. 400 sq. ft.
Landscaping
PLN-15-00093 proposes a variety of plants to create visual interest for the condominiums
and along the perimeter of the site. The following Table identifies these plants:
PLANT LIST
Botanical Name Common Name Size Total
Trees Malaleuca
Quinquernvia Cajeput Tree 24” Box 7
Arbutus Manna Strawberry Tree 24” Box 10
Eucalyptus Citriod.
Lemon Scent Gum 24” Box 27
Lagerstroemia Indica Cherokee Crape
Myrtle 24’ Box 11
Ground Cover Aptenia Cordifolia Red Apple Flats 27
Bouganvillea Boug. Barbar Karst 1 Gallon 10
Cotoneaster Dam.
Lowfast
Cottoneaster 1 Gallon 32
Shrubs Echium Fastuosum Pride of Madiera 5 Gallon 36
Juniperus Tam. Tams 5 Gallon 33
Lantana Mont. Mix 80% Purple and
20% White 1 Gallon 97
Lavendula Dentata French Lavendar 1 Gallon 87
Pennisetum Orient. Fountain Grass 1 Gallon 41
Phorium Firebird Firebird Phorium 5 Gallon 12
Malaleuca Quinquernvia Arbutus Manna Eucalyptus Citriod
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Aptenia Cord. Bouganvillea Cotoneaster Dam
Echium Fastuosum Juniperus Tam. Fountain Grass
Lagerstroemia Indica Lantana Mont. Lavendula Dentata
Phorium Firebird
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Circulation
Foster Road is a local collector street that provides vehicular access to the subject site and
to the storage use on the opposite side of the street. The plan calls for a private driveway
to run down the center of the property, extending from the front of the site to the rear.
The private driveway will vary in width slightly, ranging from 20’-11” at its widest point to
not less than 20’-0”. Due to the depth of the site, the private driveway also serves as a
fire lane. It provides a “hammerhead” fire truck turnaround area adjacent to Lot 14 and
maintains the minimum aisle width required for fire truck access throughout (20’-0”).
The aforementioned metal fence along the east property line and a gate along the front
entrance will provide a measure of security. Ample area is provided between the gates
and the street-right-of way as a turnaround area to allow vehicles ample space to
maneuver. The plan features five guest parking spaces parallel to the fire lane and one
space perpendicular to it. Each unit features a two-car garage and nine units have
sufficient driveway space to accommodate two parked vehicles. Overall, on-site
circulation should be safe and efficient.
ENVIRONMENTAL
Staff prepared an Initial Study in accordance with the provisions of the California Environmental
Quality Act (CEQA), to assess the potential consequences of implementing the development
proposal. The Initial study indicated that there will be no significant impact on the environment
as a result of the proposed project. Accordingly, staff prepared a Negative Declaration.
DEVELOPMENT REVIEW COMMITTEE
On June 16, 2016, the Development Review Committee (DRC) discussed and evaluated
various aspects of the project PLN-15-00004 proposes that pertain to Planning, Police, Fire,
Public Works, and Building and Safety matters. The Police Department expressed concerns
about site security and the access gates. Fire related concerns involved fire truck access across
the easements (the pavement above the easements must be able to support the weight of a fire
truck), illuminated addresses on each unit and a marquee in front of the project that lists each
unit’s address helps them to identify a site in case of emergency. Building and Safety
commented that in addition to the standard Building and Safety conditions of approval the
Applicant should consider installing photo sensitive exterior lights. Public Works issues involved
determining where utilities will locate on the site and discussed the need for Caltrans’s approval
to drain the site.
FINDINGS
General Plan Amendment
Subsection 9834.08 of the Code provides that the Council shall make the following findings to
approve an amendment to the General Plan:
(a) Consistency. That the proposed General Plan Amendment is consistent with all
other goals, policies, programs, and land uses of applicable elements of the General
Plan.
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The Applicant is requesting approval of a General Plan Amendment to change the land
use designation on the property from LDR to MDR. Doing so makes the zone change
and the land use designations of the General Plan consistent, because project
implementation addresses General Plan policies regarding future population growth
(Policy 1.1.2), promoting residential construction that compliments existing
neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3).
(b) Adverse Effects. That the proposed General Plan Amendment will not adversely
affect surrounding properties or the surrounding environment.
The subject property exists in the southernmost section of Downey, somewhat isolated
from the rest of the City It is an irregular-shaped lot that is relatively flat and vacant. A
vacant parcel abutting the north end of the subject property is an underdeveloped
extension of a Caltrans easement. The San Gabriel River Flood Control Channel, which
includes a paved levee that serves as a bicycle trail and a pedestrian path, borders the
east side of the property and a Southern California Edison easement with electrical
transmission towers exists along the west boundary. The proposed General Plan
Amendment will make possible the development of the site for condominium
purposes and will not adversely affect surrounding properties or the surrounding
environment.
(c) Public Health, Safety and Welfare. That the proposed General Plan Amendment
promotes the public health, safety, and general welfare and serves the goals and
purposes of this article.
Section 9312.02 (a) of the Downey Municipal Code describes the intent and purpose of
the City’s residential zone regulations. The proposed General Plan Amendment
promotes these goals by contributing to the variety of housing types in the City and by
contributing to the broad range of housing types available in the City. The General Plan
Amendment designates land (the subject property) to accommodate such housing
needs, and it maintains the scale of housing in the general vicinity. The proposed
General Plan Amendment facilitates adequate light, air, and open space for each
dwelling of the proposed project and protects the surrounding neighborhood from
incompatible land uses. As a result, the proposed General Plan Amendment promotes
the public health, safety, and general welfare and serves the goals and purposes of
the Zoning Code.
(d) Conflicts. That the proposed General Plan Amendment will not conflict with
provisions of this article, including the City’s subdivision ordinance.
The proposed General Plan Amendment would change the land use designation on the
subject property from LDR (Low Density Residential) to MDR (Medium Density
Residential). The Applicant also proposes to change the zoning on the property from R-1
(Single-Family Residential) to R-3 (Medium-Density Residential). These actions are
consistent with the intent and purpose of the City’s residential zone regulations because
the change is simply from one type of residential use to another. The R-1 zone seeks to
maintain and stabilize the residential character of such areas, whereas the R-3 Zone
provides for the development of multiple-family residential living areas compatible with
the neighborhood environment and outdoor recreation potential of the community. Such
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areas are envisioned as being located and designed to be complementary to adjacent
uses and at the same time provide suitable space for multiple-family living quarters. The
proposed change of zone from R-1 to R-3 allows the subject property to maintain its
compatibility with surrounding uses. Project implementation addresses General Plan
policies regarding future population growth (Policy 1.1.2), promoting residential
construction that compliments existing neighborhoods (Policy 1.4.2), and home
ownership (Policy 1.4.3). Therefore, the proposed General Plan Amendment will not
conflict with provisions of the Zoning Code.
Zone Change
Section 9830.06 of the Code states that the Commission, prior to making written
recommendations to the Council and the Council prior to approving a Zone Change shall
make all of the following findings:
(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 Applicant’s proposal to change the zoning of the subject site from R-1 (Single-
Family Residential) to R-3 (Medium-Density Residential) addresses General Plan
policies regarding future population growth (Policy 1.1.2), promoting residential
construction that compliments existing neighborhoods (Policy 1.4.2), and home
ownership (Policy 1.4.3). The opportunity for new home ownership is in the interest of
furthering the public health, safety and general welfare.
(b) That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area;
The proposed change of zoning will be compatible to existing conditions even though
the subject property has existed as an undeveloped parcel and is adjacent to the
Southern California Edison easement and the San Gabriel River Flood Control
Channel. Historically, this site has been zoned R-1 (Single-Family Residential), which
allows development of the property with a single-family dwelling. If a single dwelling is
deemed compatible with the uses that are adjacent to this site, it stands to reason that
more intensive residential uses on the subject property would be compatible and
complimentary with the surrounding area as well.
(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 property under consideration is more than adequate in size to successfully
accommodate the permitted uses and development standards of the requested R-3
zone. It totals 104,960 square feet, compared to the minimum lot area for properties in
the R-3 zone, 10,000 square feet. The subject property is of sufficient size to yield 57
dwelling units in the R-3 zone, based upon the standard of one unit per 1,815 square
feet of land area. The Applicant proposes 14 units on the site.
PC Agenda Page 16
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 17
(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; and
Foster Road is a local collector street that provides vehicular access to the subject site.
Very little traffic occurs in this area of the City, because the Edison easement does not
generate any traffic and the subject site is vacant. Byron Zinn Park and a self-storage
facility located on the south side of Foster Road and in the City of Bellflower do not
generate much traffic either. Foster Road is fully improved and capable of carrying the
type and quantity of traffic the proposed fourteen condominiums will generate.
(e) That the proposed zone change is in general conformance with the General
Plan and General Plan land use designation for the parcel.
The proposed change of zoning on the property is in general conformance with the
General Plan and General Plan land use designation for the parcel. Program 1.3.1.5
of Downey Vision 2025, the Downey General Plan directs the City to encourage land
uses consistent with the area’s designation as properties recycle. The subject
property is zoned R-1 (Single-Family Residential), which the Applicant proposes to
change to another residential designation, R-3 (Medium-Density Residential). The
proposed project meets this requirement as it seeks to subdivide the subject property
for fourteen (14) condominiums. Said dwelling units will embellish the residential
character of the area. The proposed development will also be within the maximum
density permitted by the General Plan and the Downey Zoning Code.
Tentative Map 72028
Subsection 66474 of the Subdivision Map Act stipulates that a legislative body of a city shall
make the following findings to approve a tentative map:
1. That the proposed map is consistent with applicable general and specific plans.
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 the Tentative Parcel Map
72028 will result in an increase to the City’s housing inventory; consequently,
approval of Tentative Parcel Map 72028 is consistent with the goals, policies,
programs, and land uses of applicable elements of the General Plan.
2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Program 1.3.1.5 of Downey Vision 2025, the Downey General Plan directs the City to
encourage land uses consistent with the area’s designation as properties recycle. The
subject property is zoned R-1 (Single-Family Residential). The Applicant proposes to
change the zoning to R-3 (Medium-Density Residential), which provides for the
development of multiple-family residential living areas. The proposed project meets this
PC Agenda Page 17
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 18
requirement as it seeks to subdivide the subject property for fourteen (14)
condominiums. Said dwelling units will embellish the residential character of the area.
The proposed development will also be within the maximum density permitted by the
General Plan and the Downey Zoning Code.
3. That the site is physically suitable for the type and density of development.
The subject site contains approximately 104,960 square feet of land (2.41 acres),
which is sufficient area to subdivide the site for condominium purposes and comply
with the standards for residential development as required by Section 9312.08 of the
Downey Municipal Code for properties in the R-3 zone. The fourteen (14)
condominiums Tentative Parcel Map 72028 proposes, will meet all development
standards for the zone.
4. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of this project has been carefully laid out to avoid conditions that could
result is serious public health problems. The Negative Declaration of Environmental
Impacts addresses the environmental issues and determined no significant impacts
will occur because of project implementation.
5. 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.
Several easements encumber the site: a twenty-five foot wide easement to the County
of Los Angeles exists along the frontage of the property for road purposes; a Los
Angeles County Flood Control District easement (a berm of varying widths) exists along
the east side of the site for flood control channel purposes; an easement to the City of
Downey exists along the frontage for bicycle trail purposes; and a twenty-five foot wide
Cal Trans easement traverses the center of the site for flood control purposes. It extends
down the center of the property in a north to south direction. The storm drain measures
10 - 0” x 5’-0”. The majority of its length would travel beneath the proposed private
driveway. Tentative Map 72028 states that Caltrans shall maintain the right to access the
common areas of the project at all times, for the purpose of maintaining the public
health, safety, and general welfare. No structures will exist within these easement areas,
and the homes are placed fifteen feet (15’) away from the Edison transmission lines to
avoid potential harmful effects caused by EMF (electromagnetic frequencies)
emanating from them. General Order 95 set forth by the California Public Utilities
Commission established a horizontal distance of at least fifteen feet (15’) between the
Edison transmission lines and an adjacent building. This standard is intended to
address the public’s concerns about cancer causing effects of EMF’s, even though
studies have shown little or no correlation that power line fields cause or contribute to
cancer.
6. 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 property exists in the southernmost section of the City. It is located on the
north side of Foster Road, which marks the border between the cities of Downey and
PC Agenda Page 18
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 19
Bellflower. The site is surrounded by public utility uses, including the Southern
California Edison easement and the San Gabriel River Flood Control Channel.
Although the proposed fourteen-unit condominium 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.
Site Plan Review
Section 9820 of the Downey Municipal Code provides that the Planning Commission shall
make the following findings in approving or conditionally approving an application for Site Plan
Review:
1. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the Council.
Those goals and policies of the Downey General Plan (Vision 2025) are addressed as
follows: Goal 2.5 of the Circulation Element is, “Address the impacts from the lack of
parking,” while Policy 2.5.1 seeks to provide for adequate parking to meet parking
demands. Multiple-family dwellings require two parking spaces within an enclosed
garage plus ½ parking space per unit for guest parking. Therefore, the fourteen-unit
condominium development requires 35 off-street parking spaces. PLN-15-00004
proposes two-car garages for each unit, 18 spaces on the driveway in front of the
garages on Lots 1-9, plus six (6) spaces along the private driveway. Consequently, the
proposed site plan exceeds the minimum quantity of off-street parking spaces required
for this multiple-family residential development by providing 52 off-street parking spaces.
Goal 8.1 of the Design Element is “Promote quality design for new, expanded and
remodeled construction” and Policy 8.1.1 seeks to promote architectural design of the
highest quality. The applicant proposes to construct fourteen condominiums in a
contemporary architectural style.
.
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
The proposed development requires a change of zone to allow multiple dwellings on the
subject property. The proposed change of zone from R-1 to R-3 is consistent with the
intent and purpose of the City’s residential zone regulations because the change is
simply from one type of residential use to another. The R-1 zone seeks to maintain and
stabilize the residential character of such areas, whereas the R-3 Zone provides for the
development of multiple-family residential living areas compatible with the neighborhood
environment and outdoor recreation potential of the community. Such areas are
envisioned as being located and designed to be complementary to adjacent uses and at
the same time provide suitable space for multiple-family living quarters. The proposed
change of zone from R-1 to R-3 allows the subject property to maintain its compatibility
with surrounding uses.
3. That 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.
PC Agenda Page 19
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 20
The proposed project locates all fourteen condominiums along the west side of the
property. This configuration allows the structures to avoid existing easements on and
around the site. The units will be fifteen feet (15’) away from the Edison transmission
lines to avoid potential harmful effects caused by EMF (electromagnetic frequencies)
emanating from them. General Order 95 set forth by the California Public Utilities
Commission established a horizontal distance of at least fifteen feet (15’) between the
Edison transmission lines and an adjacent building. This standard is intended to
address the public’s concerns about cancer causing effects of EMF’s, even though
studies have shown little or no correlation that power line fields cause or contribute to
cancer.
All fourteen condominiums will face the bicycle/pedestrian path along the San Gabriel
River Flood Control Channel, which will enhance the character and design of the site,
the immediate neighborhood, and the surrounding areas.
4. That the site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets.
A twenty-five foot wide Caltrans easement traverses the center of the site for flood
control purposes. It extends down the center of the property in a north to south
direction. The storm drain measures 10 - 0” x 5’-0”. The majority of its length will
travel beneath the proposed private driveway. The site plan locates all fourteen
condominiums along the west side of the property to avoid the Caltrans easement
and to utilize irregularities of this deep and narrow lot to its full advantage.
5. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
The proposed condominiums will convey a contemporary architectural design. Each
structure has two stories and will incorporate the standing-seam metal roofs, wood
siding, metal railings, and smooth and rough-finished stucco. The Applicant proposes
stucco finishes in tan or dark orange, while all of the window and door trims will be
painted white. Ten buildings will contain two units that share a common wall, while four
buildings will feature only one dwelling. The proposed dwellings will incorporate common
materials and features found on many buildings in the vicinity.
6. That the site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The subject property exists in the southernmost section of Downey, somewhat isolated
from the rest of the City It is an irregular-shaped lot that is relatively flat and vacant. It is
approximately 137 wide along the street frontage and narrows to a width of
approximately 80 feet at its northerly portion. The subject site is surrounded by chain-link
fences and it is covered by annual grasses. A vacant parcel abutting the north end of the
subject property is an underdeveloped extension of a Caltrans easement. The San
Gabriel River Flood Control Channel, which includes a paved levee that serves as a
PC Agenda Page 20
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 21
bicycle trail and a pedestrian path, borders the east side of the property and a Southern
California Edison easement with electrical transmission towers exists along the west
boundary. All of these aspects of the property contribute to the reduced interest in the
site and are contributing factors for it remaining undeveloped. Approval of the project
PLN-15-00004 proposes will facilitate construction of a fourteen-unit condominium
development, which will upgrade the visual character or quality of the site and its
surroundings and enhance the streetscape on Foster Road.
7. That the proposed development’s site plan and its design features will include
graffiti-resistant features and materials in accordance with the requirements of
Section 4960 of Chapter 10 of Article IV of this Code.
The Conditions of Approval for PLN-15-00004 will include a condition stating that the
design features will incorporate graffiti resistant materials.
CORRESPONDENCE
A public hearing on PLN-15-00004 was originally scheduled for a Planning Commission
meeting on June 15, 2015; however, the public hearing was continued to a date uncertain
due to additional concerns staff identified during its preparation of the report that required
solutions before moving forth with the proposal. Included among those concerns was strong
opposition by nearby residents who sought clear understanding of the project. The continued
public hearing allowed the Applicant to present the project to the neighbors at their homes
and collect signatures in support of the project (included as Exhibit D.) The additional time
allowed staff to obtain the services of Environ Architecture to perform architectural peer
review of the site plan and the architectural design of the units. The Applicant corresponded
with the architect and revised the site plan and architectural design of the buildings.
A. On June 25, 2015, notice of the public hearing for PLN-15-00004 was published in the
Downey Patriot on and it was mailed to all property owners within 500 feet of the subject
site.
B. On July 15, 2015, the Planning Commission continued the public hearing on PLN-15-
00004 to a date uncertain, because staff identified additional concerns during its
preparation of the report that required solutions before moving forth with the proposal.
C. On October 29, 2015, the City obtained the services on Environ Architecture to perform
architectural peer review of the site plan and the architectural design of the units.
D. May 3, 2016, the applicant submitted the remaining information needed to complete the
application. Accordingly, staff deemed the application complete on June 7, 2016.
As of the date that this report was printed, staff had not received any correspondence
regarding this matter.
RECOMMENDATION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-15-00004 for Tentative Map No. 72028 and Site Plan Review, subject to the
conditions of approval as stated in Exhibit A of the Planning Commission Resolution. Staff also
PC Agenda Page 21
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 22
recommends that the Planning Commission recommend its approval of a General Plan
Amendment and a Zone Change for the subject property to the City Council.
EXHIBITS
A. General Plan Land Use Map
B. Site Photograph (Subject Property) and Site Photograph (Edison Easement)
C. Site Photograph (Bicycle Berm)
D. Signatures from neighbors in the vicinity in support of the project (Note: these signatures
were obtained by the Applicant but were not verified by staff)
PC Agenda Page 22
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 23
EXHIBIT A
GENERAL PLAN LAND USE MAP
PC Agenda Page 23
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 24
EXHIBIT B
SITE PHOTOGRAPH (SUBJECT PROPERTY)
SITE PHOTOGRAPH (EDISON EASEMENT)
PC Agenda Page 24
PLN-15-00004 10361 Foster Road
July 6, 2016 - Page 25
EXHIBIT C
SITE PHOTOGRAPH (BERM AND BICYCLE PATH)
PC Agenda Page 25
PC Agenda Page 26
PC Agenda Page 27
PC Agenda Page 28
RESOLUTION NO. 16-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-15-00004 (TENTATIVE MAP NO. 72028 AND
SITE PLAN REVIEW), THEREBY ALLOWING THE SUBDIVISION OF 104,960
SQUARE FEET OF LAND INTO FOURTEEN (14) CONDOMINIUMS AND A
PRIVATE DRIVEWAY AT 10361 FOSTER ROAD AND ZONED R-1 (SINGLE-
FAMILY RESIDENTIAL) AND A NEGATIVE DECLARATION
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On January 8, 2015, the Applicant filed a Land Use Permit Application requesting the
Planning Commission’s approval of Tentative Map No. 72028, which proposes to
subdivide a 104,960 square foot parcel into fourteen (14) condominiums with a private
driveway, and Site Plan Review for an architectural review of the proposed dwellings.
B. The land use designation of the property is Low Density Residential; however, the
Applicant has requested a change of the subject property’s land use designation to
Medium Density Residential.
C. The project site is currently zoned R-1 (Single-Family Residential); however, the
Applicant has requested a change of zoning for the subject property to R-3 (Multiple-
Family Residential).
D. On June 25, 2015, notice of the public hearing for PLN-15-00004 was published in the
Downey Patriot and it was mailed to all property owners within 500 feet of the subject
site.
E. On July 15, 2015, the Planning Commission continued the public hearing on PLN-15-
00004 to a date uncertain, because staff identified additional concerns during its
preparation of the report that required solutions before moving forth with the proposal.
F. On October 29, 2015, the City obtained the services of Environ Architecture to perform
architectural peer review of the site plan and the architectural design of the units.
G. On May 3, 2016, the applicant submitted the remaining information needed to complete
the application. Accordingly, staff deemed the application complete on June 7, 2016.
H. On June 9, 2016, notice of the pending application was published in the Downey Patriot
and mailed to all property owners within 500' of the subject site.
I. The Planning Commission held a duly noticed public hearing on July 6, 2016, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
PC Agenda Page 29
SECTION 2. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act. Based on its own analysis and consideration, it was found that there will be no
significant impact on the environment as a result of the proposed project. Accordingly, the
Planning Commission adopted a Negative Declaration.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding Tentative Map 72028, the Planning Commission further finds,
determines and declares that:
1. That the proposed map is consistent with applicable general and specific plans.
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 the Tentative Parcel Map
72028 will result in an increase to the City’s housing inventory; consequently, approval of
Tentative Parcel Map 72028 is consistent with the goals, policies, programs, and land
uses of applicable elements of the General Plan.
2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Program 1.3.1.5 of Downey Vision 2025, the Downey General Plan directs the City to
encourage land uses consistent with the area’s designation as properties recycle. The
subject property is zoned R-1 (Single-Family Residential). The Applicant proposes to
change the zoning to R-3 (Medium-Density Residential), which provides for the
development of multiple-family residential living areas. The proposed project meets this
requirement as it seeks to subdivide the subject property for fourteen (14)
condominiums. Said dwelling units will embellish the residential character of the area.
The proposed development will also be within the maximum density permitted by the
General Plan and the Downey Zoning Code.
3. That the site is physically suitable for the type and density of development.
The subject site contains approximately 104,960 square feet of land (2.41 acres), which
is sufficient area to subdivide the site for condominium purposes and comply with the
standards for residential development as required by Section 9312.08 of the Downey
Municipal Code for properties in the R-3 zone. The fourteen (14) condominiums
Tentative Parcel Map 72028 proposes, will meet all development standards for the zone.
4. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of this project has been carefully laid out to avoid conditions that could result
is serious public health problems. The Negative Declaration of Environmental Impacts
addresses the environmental issues and determined no significant impacts will occur
because of project implementation.
PC Agenda Page 30
5. 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.
Several easements encumber the site: a twenty-five foot wide easement to the County of
Los Angeles exists along the frontage of the property for road purposes; a Los Angeles
County Flood Control District easement (a berm of varying widths) exists along the east
side of the site for flood control channel purposes; an easement to the City of Downey
exists along the frontage for bicycle trail purposes; and a twenty-five foot wide Cal Trans
easement traverses the center of the site for flood control purposes. It extends down the
center of the property in a north to south direction. The storm drain measures 10 - 0” x
5’-0”. The majority of its length would travel beneath the proposed private driveway.
Tentative Map 72028 states that Caltrans shall maintain the right to access the common
areas of the project at all times, for the purpose of maintaining the public health, safety,
and general welfare. No structures will exist within these easement areas, and the
homes are placed fifteen feet (15’) away from the Edison transmission lines to avoid
potential harmful effects caused by EMF (electromagnetic frequencies) emanating from
them. General Order 95 set forth by the California Public Utilities Commission
established a horizontal distance of at least fifteen feet (15’) between the Edison
transmission lines and an adjacent building. This standard is intended to address the
public’s concerns about cancer causing effects of EMF’s, even though studies have
shown little or no correlation that power line fields cause or contribute to cancer.
6. 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 property exists in the southernmost section of the City. It is located on the
north side of Foster Road, which marks the border between the cities of Downey and
Bellflower. The site is surrounded by public utility uses, including the Southern California
Edison easement and the San Gabriel River Flood Control Channel. Although the
proposed fourteen-unit condominium 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
project will not impact wildlife resources.
SECTION 4. In consideration of the Site Plan Review request, the Planning
Commission of the City of Downey further finds, determines and declares that:
1. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the Council.
Those goals and policies of the Downey General Plan (Vision 2025) are addressed as
follows: Goal 2.5 of the Circulation Element is, “Address the impacts from the lack of
parking,” while Policy 2.5.1 seeks to provide for adequate parking to meet parking
demands. Multiple-family dwellings require two parking spaces within an enclosed
garage plus ½ parking space per unit for guest parking. Therefore, the fourteen-unit
condominium development requires 35 off-street parking spaces. PLN-15-00004
proposes two-car garages for each unit, 18 spaces on the driveway in front of the
PC Agenda Page 31
garages on Lots 1-9, plus six (6) spaces along the private driveway. Consequently, the
proposed site plan exceeds the minimum quantity of off-street parking spaces required
for this multiple-family residential development by providing 52 off-street parking spaces.
Goal 8.1 of the Design Element is “Promote quality design for new, expanded and
remodeled construction” and Policy 8.1.1 seeks to promote architectural design of the
highest quality. The applicant proposes to construct fourteen condominiums in a
contemporary architectural style.
.
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
The proposed development requires a change of zone to allow multiple dwellings on the
subject property. The proposed change of zone from R-1 to R-3 is consistent with the
intent and purpose of the City’s residential zone regulations because the change is
simply from one type of residential use to another. The R-1 zone seeks to maintain and
stabilize the residential character of such areas, whereas the R-3 Zone provides for the
development of multiple-family residential living areas compatible with the neighborhood
environment and outdoor recreation potential of the community. Such areas are
envisioned as being located and designed to be complementary to adjacent uses and at
the same time provide suitable space for multiple-family living quarters. The proposed
change of zone from R-1 to R-3 allows the subject property to maintain its compatibility
with surrounding uses.
3. That 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 project locates all fourteen condominiums along the west side of the
property. This configuration allows the structures to avoid existing easements on and
around the site. The units will be fifteen feet (15’) away from the Edison transmission
lines to avoid potential harmful effects caused by EMF (electromagnetic frequencies)
emanating from them. General Order 95 set forth by the California Public Utilities
Commission established a horizontal distance of at least fifteen feet (15’) between the
Edison transmission lines and an adjacent building. This standard is intended to address
the public’s concerns about cancer causing effects of EMF’s, even though studies have
shown little or no correlation that power line fields cause or contribute to cancer.
All fourteen condominiums will face the bicycle/pedestrian path along the San Gabriel
River Flood Control Channel, which will enhance the character and design of the site,
the immediate neighborhood, and the surrounding areas.
4. That the site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets.
A twenty-five foot wide Caltrans easement traverses the center of the site for flood
control purposes. It extends down the center of the property in a north to south direction.
The storm drain measures 10 - 0” x 5’-0”. The majority of its length will travel beneath
PC Agenda Page 32
the proposed private driveway. The site plan locates all fourteen condominiums along
the west side of the property to avoid the Caltrans easement and to utilize irregularities
of this deep and narrow lot to its full advantage.
5. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
The proposed condominiums will convey a contemporary architectural design. Each
structure has two stories and will incorporate the standing-seam metal roofs, wood
siding, metal railings, and smooth and rough-finished stucco. The Applicant proposes
stucco finishes in tan or dark orange, while all of the window and door trims will be
painted white. Ten buildings will contain two units that share a common wall, while four
buildings will feature only one dwelling. The proposed dwellings will incorporate common
materials and features found on many buildings in the vicinity.
6. That the site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The subject property exists in the southernmost section of Downey, somewhat isolated
from the rest of the City It is an irregular-shaped lot that is relatively flat and vacant. It is
approximately 137 wide along the street frontage and narrows to a width of
approximately 80 feet at its northerly portion. The subject site is surrounded by chain-link
fences and it is covered by annual grasses. A vacant parcel abutting the north end of the
subject property is an underdeveloped extension of a Caltrans easement. The San
Gabriel River Flood Control Channel, which includes a paved levee that serves as a
bicycle trail and a pedestrian path, borders the east side of the property and a Southern
California Edison easement with electrical transmission towers exists along the west
boundary. All of these aspects of the property contribute to the reduced interest in the
site and are contributing factors for it remaining undeveloped. Approval of the project
PLN-15-00004 proposes will facilitate construction of a fourteen-unit condominium
development, which will upgrade the visual character or quality of the site and its
surroundings and enhance the streetscape on Foster Road.
7. That the proposed development’s site plan and its design features will include
graffiti-resistant features and materials in accordance with the requirements of
Section 4960 of Chapter 10 of Article IV of this Code.
The Conditions of Approval for PLN-15-00004 will include a condition stating that the
design features will incorporate graffiti resistant materials.
SECTION 4. 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-15-00004
subject to the conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
PC Agenda Page 33
APPROVED AND ADOPTED this ___ day of _________ 2016.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Planning Commission of the City of Downey at a meeting held on the __ day of ______, 2016.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 34
EXHIBIT A - CONDITIONS
PLN-15-00004 (Tentative Map No. 72028 and Site Plan Review)
PLANNING
1) The approval of this Tentative Map No. 72028 and Site Plan Review (PLN-15-00004)
allows for the construction of a of 14-unit condominium development. This approval also
includes all common open space areas and the accessary structures contained therein.
2) Tentative Map No. 72028 and Site Plan Review (PLN-15-00004) shall not be construed
to mean any waiver of applicable and appropriate zoning regulations, or any Federal,
State, County, and City laws and regulations. Unless otherwise expressly specified, all
other requirements of the City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) Prior to the final of any building permits or occupancy of any of the units, the Final Tract
Map shall be approved by the City and recorded with the County of Los Angeles.
6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and
8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of
these hours.
7) All exterior lights on the property shall be LED and shall be directed, positioned, and/or
shielded such that they do not illuminate surrounding properties and the public right-of-
way.
8) Exterior lights shall be un-switched and photo-sensor controlled. Lights shall be on from
dusk until dawn. Porch, patio, and deck lights for the individual units shall be excluded
from this condition.
9) The approved architectural style shall be as noted in the approved plans. Changes to
the facades and/or colors shall be subject to the review and approval of the City Planner.
10) There shall be no roof-mounted equipment including, but not limited to, HVAC
equipment. All exterior HVAC equipment shall be ground mounted and screened from
PC Agenda Page 35
view. There shall be no window or wall mounted HVAC equipment. This condition shall
not be interpreted to restrict photovoltaic panels mounted to the roof.
11) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
12) Any graffiti applied to the site shall be removed within 48 hours.
13) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
14) Drought tolerant landscaping shall be used in all landscape areas of the site. All
landscape shall be installed and permanently maintained as approved by the Planning
Commission. Synthetic turf is not permitted.
15) Prior to the final of building permits, the surface of all private patios shall be finished with
either hardscape, landscape, or a combination thereof.
16) All above grade back-flow preventers and check valves shall be painted green and
screened from view from the public right-of-way.
17) The transformer shall be wrapped in a screen print to mimic landscaping. The final
design and the wrap shall be approved by the City Planner prior to installation.
18) The maximum height of all accessory structures shall not exceed 12’.
19) Prior to the final of building permits, the applicant shall record CC&R’s on the property to
govern the maintenance, repair, and improvement of all common areas. This shall
include, but may not be limited to, the landscaping, all utilities, exterior of buildings,
exterior lighting, internal streets and walkways, and pool area. The CC&R’s shall
establish a Home Owners Association (HOA) and provide authority for the HOA to
enforce the CC&R’s. Additionally, the CC&R’s shall require the following:
a) All trash receptacles to be stored in the garages of the units (except during pick
up day),
b) Require all garages be maintained in a manner to accommodate two vehicles at
all times,
c) Shall prohibit parking in any of the drive-aisles.
CC&R’s shall run with the land and shall not expire. Prior to the recording of the
CC&R’s, the applicant shall submit the CC&R’s to the City Attorney for review and
approval. A copy of the recorded CC&R’s shall be provided to the City Planner to be
included with the project file.
20) All project entries shall have an enhanced paving (pavers or stamped color concrete).
The City Planner shall review and approval final enhanced paving prior to installation.
PC Agenda Page 36
21) All attic venting shall be architecturally consistent with the buildings, as determined by
the City Planner. Dormer vents and/or turbine vents shall not be permitted.
22) Prior to the recording of the Final Tract Map, the applicant shall pay all Park in-lieu fees,
as required by Municipal Code Section 9931.8.
23) The Army Corps of Engineers berm shall remain untouched.
24) Development of the subject property as proposed by PLN-15-00004 is subject to the
approval of the Los Angeles County Department of Flood Control District (LADFCD) and
Caltrans.
25) A qualified archaeologist shall be present for all initial ground-disturbing activities
associated with the project. The archaeological monitor shall be responsible for the
identification of cultural resources that may be impacted by project activities. The
monitor may stop ground-disturbing activities in order to assess any discoveries in the
field. Archaeological monitoring may be discontinued when the depth of grading and soil
conditions no longer retain the potential to contain cultural deposits. The archaeologist
shall be responsible for determining the duration and frequency of monitoring.
26) In the event that archaeological resources (sites, features, or artifacts) are exposed
during construction activities for the proposed project, all construction work occurring
within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting
the Secretary of the Interior’s Professional Qualification Standards can evaluate the
significance of the find and determine whether additional study is warranted. Depending
upon the significance of the find under the California Environmental Quality Act (CEQA)
(14 CCR 15064.5(f); California Public Resources Code Section 21082), the
archaeologist may exhaust the data potential of the find through the process of field-level
recordation and allow work to continue. If the discovery proves significant under CEQA,
additional work such as preparation of an archaeological treatment plan, testing, or data
recovery may be warranted.
27) A qualified Native American monitor shall be present for all initial ground-disturbing
activities associated with the project. The Native American monitor shall be responsible
for the identification of tribal cultural resources that may be impacted by project activities.
The Native American monitor may stop ground-disturbing activities in order to assess
any discoveries in the field. Tribal monitoring may be discontinued when the depth of
grading and soil conditions no longer retain the potential to contain cultural deposits. A
qualified archaeologist will be retained to evaluate and appropriately treat any potentially
significant discoveries.
28) In the event that paleontological resources (fossil remains) are exposed during
construction activities for the proposed project, all construction work occurring within 50
feet of the find shall immediately stop until a qualified paleontologist, as defined by the
Society of Vertebrate Paleontology’s 2010 guidelines, can assess the nature and
importance of the find. Depending on the significance of the find, the paleontologist may
record the find and allow work to continue or recommend salvage and recovery of the
resource. All recommendations will be made in accordance with the Society of
Vertebrate Paleontology’s 2010 guidelines, and shall be subject to review and approval
PC Agenda Page 37
by the City of Downey. Work in the area of the find may only resume upon approval of a
qualified paleontologist
BUILDING
29) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
30) 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 occupancy of the units.
FIRE
31) Install residential fire sprinkler system in accordance with NFPA 13d and California
Residential Code.
32) Provide a separate fire water connection for on-site private fire hydrants required in
accordance with CFC 2013).
33) Provide lighted addressing for each residential unit. Light on the proposed private street
might hinder efficient fire department emergency response.
34) Provide an address marquee at entrance of development. Marquee shall identify the
address range of all residential units. (CFC 2013 Section 505).
35) Additional private hydrants may be required depending upon required fire flows, street
width, center dividers or other physical barriers, existing or anticipated traffic volume.
(DMC 3610).
36) Fire lane shall be constructed and maintained in accordance with CFC 2013 Section
503, and Appendix A.
37) Installation of approved Fire Department access for main access gates. – Knox Box [CA
Fire Code 506].
38) Additional required fire code requirements may be required at time of plan review and/or
field inspection.
PUBLIC WORKS
39) 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.
40) Construct the following improvements:
a) Reconstruct existing corrugated metal storm drain pipe
b) Road pavement along the property frontage
c) Installation of street trees
PC Agenda Page 38
41) All public utilities shall be installed underground.
42) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
43) Proposed public improvements shall comply with the latest edition of Standard Plans
and Specifications for Public Works Construction and City of Downey standards.
44) Obtain permits form Public Works Department for all public improvements within the
public right of way.
45) Remove and replace damaged, uneven or sub-standard curb, gutter, sidewalk,
driveway, disabled ramps, and pavement to the satisfaction of the Public Works
Department. Contact Public Works Inspector at (562) 904-7110 to identify construction
areas to be removed and replaced.
46) Submit public improvement plan(s) for review and approval by Public Works
Department.
47) 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. Lot(s) shall
not have less than one (1%) percent gradient on any asphalt or non-paved surface, or
less than one quarter (1/4%) percent gradient on any concrete surface. Provide the
following information on plans: topographic site information, including elevations,
dimensions/location of existing/proposed public improvements adjacent to project (i.e.
street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the
width and location of all existing and proposed easements, the dimensions and location
of proposed dedications; the location, depth and dimensions of potable water, reclaimed
water and sanitary sewer lines.
48) All unused driveways shall be removed and constructed with full-height curb gutter, and
sidewalk.
49) Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base,
and a minimum 2-1/2” thick asphalt concrete pavement.
50) Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance
1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID)
Plan. Furthermore, the applicant shall 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). A Storm Water Pollution
Prevention Plan shall be required for the site.
51) Remove all construction graffiti created as part of this project within the public-right-of-
way in a timely manner.
a. 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
PC Agenda Page 39
improvements of sewers shall be to the standards of the City Engineering Division.
Septic systems are not acceptable.
b. The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
c. The owner/applicant shall provide that no easements of any type be granted over
any portion of the subdivision to any agency, utility or organization (private or public),
except to the City of Downey prior to recordation of the tract map. The
owner/applicant shall grant easements in the name of the City shall include:
• Vehicular easements
• Walkway easements
• Drainage easements
• Utility easements
d. 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.
52) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water
service line, meter, and meter box for each unit.
53) The owner/applicant shall furnish and install backflow device in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
54) The owner/applicant shall provide and use recycled water for all landscape
Irrigation and other non-potable water needs (if approved by LA County DPH and City of
Downey).
55) 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.
56) The owner/applicant shall furnish and install private fire hydrants and dedicated fire
protection lateral including backflow devices, fire department connections and other
appurtenances (refer to Blanket Easement Notes below) as required by the Department of
Public Works and the Downey Fire Department. Such improvements may include
removal and/or replacement/retrofit 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.
PC Agenda Page 40
BLANKET EASEMENT NOTES:
On-site domestic and fire water mains, services, fittings, fire hydrants, Fire Department
connections, backflow devices and related appurtenances shall be privately owned and
maintained. On-site domestic water meters, meter boxes and associated appurtenances
will be owned and maintained by the City. The on-site landscape irrigation water system
and the off-site landscape irrigation water system from the meter box to the site shall be
privately owned, operated and maintained. A blanket easement shall be reserved to the
City of Downey for ingress and egress for purposes of inspection, operation, testing and
maintenance of water meters and boxes, services, fire protection devices, backflow
devices, and related appurtenances, excluding building areas.
57) 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.
58) 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.
59) 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).
60) 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.
61) The owner/applicant is responsible for coordinating with Building & Safety permit fees and
payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity
charges.
62) The owner/applicant shall obtain all necessary plan approvals and permits.
63) 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.
64) Utility plans shall be submitted to and approved by the Department of Public Works prior to
the issuance of the grading plan permit. Submit plans to Building & Safety and Planning
Divisions regarding the following:
a) The use of drought tolerant plants
b) Drip irrigation
c) Latest Green Code standards for water fixtures, etc.
PC Agenda Page 41
65) Obtain proper permits and approvals from Los Angeles County Flood Control District.
66) Proposed development shall comply with Flood Emergency Management Agency
(FEMA) building regulations.
67) Obtain proper permits or approvals from CALTRANS regarding building over and use of
storm drain and easement.
PC Agenda Page 42
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)
PC Agenda Page 43
RESOLUTION NO. ______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING APPROVAL OF PLN-15-00004 (GENERAL PLAN
AMENDMENT AND ZONE CHANGE) FOR THE RECLASSIFICATION OF
PROPERTY LOCATED AT 10361 FOSTER ROAD FROM LDR (LOW DENSITY
RESIDENTIAL) TO MDR (MEDIUM DENSITY RESIDENTIAL) AND REZONING
OF SAID PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3
(MULTIPLE-FAMILY RESIDENTIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. The Applicant filed an application with the City Planning Commission petitioning a
recommendation to the City Council of the City of Downey for a change the
General Plan Land Use designation of the properties at 10361 Foster Road from
LDR (Low Density Residential) to MDR (Medium Density Residential) and to
rezone the property from R-1 (Single-Family Residential) to R-3 (Multiple-Family
Residential).
B. The Planning Commission conducted a duly-noticed public hearing on July 6,
2016, and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. ____,
recommending approval to the City Council.
SECTION 2. In consideration of the General Plan Amendment, the Planning
Commission of the City of Downey further finds, determines and declares that:
A. That the proposed General Plan Amendment is consistent with all other
goals, policies, programs, and land uses of applicable elements of the
General Plan. The Applicant is requesting approval of a General Plan
Amendment to change the land use designation on the property from LDR to
MDR. Doing so makes the zone change and the land use designations of the
General Plan consistent, because project implementation addresses General
Plan policies regarding future population growth (Policy 1.1.2), promoting
residential construction that compliments existing neighborhoods (Policy 1.4.2),
and home ownership (Policy 1.4.3).
B. That the proposed General Plan Amendment will not adversely affect
surrounding properties or the surrounding environment. The subject
property exists in the southernmost section of Downey, somewhat isolated from
the rest of the City It is an irregular-shaped lot that is relatively flat and vacant. A
vacant parcel abutting the north end of the subject property is an underdeveloped
extension of a Caltrans easement. The San Gabriel River Flood Control Channel,
which includes a paved levee that serves as a bicycle trail and a pedestrian path,
borders the east side of the property and a Southern California Edison easement
with electrical transmission towers exists along the west boundary. The proposed
PC Agenda Page 44
RESOLUTION NO. ____
PAGE 2
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General Plan Amendment will make possible the development of the site for
condominium purposes and will not adversely affect surrounding properties or the
surrounding environment.
C. That the proposed General Plan Amendment promotes the public health,
safety and general welfare and serves the goals and purposes of this
article. Section 9312.02 (a) of the Downey Municipal Code describes the intent
and purpose of the City’s residential zone regulations. The proposed General
Plan Amendment promotes these goals by contributing to the variety of housing
types in the City and by contributing to the broad range of housing types available
in the City. The General Plan Amendment designates land (the subject property)
to accommodate such housing needs, and it maintains the scale of housing in the
general vicinity. The proposed General Plan Amendment facilitates adequate
light, air, and open space for each dwelling of the proposed project and protects
the surrounding neighborhood from incompatible land uses. As a result, the
proposed General Plan Amendment promotes the public health, safety, and
general welfare and serves the goals and purposes of the Zoning Code.
D. That the proposed General Plan Amendment will not conflict with the
provisions of this article, including the City’s subdivision ordinance. The
proposed General Plan Amendment would change the land use designation on
the subject property from LDR (Low Density Residential) to MDR (Medium
Density Residential). The Applicant also proposes to change the zoning on the
property from R-1 (Single-Family Residential) to R-3 (Medium-Density
Residential). These actions are consistent with the intent and purpose of the
City’s residential zone regulations because the change is simply from one type of
residential use to another. The R-1 zone seeks to maintain and stabilize the
residential character of such areas, whereas the R-3 Zone provides for the
development of multiple-family residential living areas compatible with the
neighborhood environment and outdoor recreation potential of the community.
Such areas are envisioned as being located and designed to be complementary
to adjacent uses and at the same time provide suitable space for multiple-family
living quarters. The proposed change of zone from R-1 to R-3 allows the subject
property to maintain its compatibility with surrounding uses. Project
implementation addresses General Plan policies regarding future population
growth (Policy 1.1.2), promoting residential construction that compliments existing
neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3). Therefore, the
proposed General Plan Amendment will not conflict with provisions of the Zoning
Code.
SECTION 3. In consideration of the zone change, Planning Commission further finds,
determines and declares that:
A. That the requested zone change is necessary and desirable for the
development of the community in harmony with the objectives of the
General Plan and Chapter 1, Zoning, of Article IX, Land Use, of the Downey
Municipal Code and is in the interests or furtherance of the public health,
safety and general welfare. The Applicant’s proposal to change the zoning of
the subject site from R-1 (Single-Family Residential) to R-3 (Medium-Density
Residential) addresses General Plan policies regarding future population growth
(Policy 1.1.2), promoting residential construction that compliments existing
PC Agenda Page 45
RESOLUTION NO. ____
PAGE 3
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neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3). The opportunity
for new home ownership is in the interest of furthering the public health, safety
and general welfare.
B. That the requested zone change will be compatible and complementary to
existing conditions and adjoining property in the surrounding area. The
proposed change of zoning will be compatible to existing conditions even though
the subject property has existed as an undeveloped parcel and is adjacent to the
Southern California Edison easement and the San Gabriel River Flood Control
Channel. Historically, this site has been zoned R-1 (Single-Family Residential),
which allows development of the property with a single-family dwelling. If a single
dwelling is deemed compatible with the uses that are adjacent to this site, it
stands to reason that more intensive residential uses on the subject property
would be compatible and complimentary with the surrounding area as well.
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 subject site contains approximately 104,960 square feet
of land (2.41 acres), which is sufficient area to subdivide the site for condominium
purposes and comply with the standards for residential development as required
by Section 9312.08 of the Downey Municipal Code for properties in the R-3 zone.
The fourteen (14) condominiums Tentative Parcel Map 72028 proposes, will
meet all development standards for the zone.
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. Foster Road is a local collector
street that provides vehicular access to the subject site. Very little traffic occurs in
this area of the City, because the Edison easement does not generate any traffic
and the subject site is vacant. Byron Zinn Park and a self-storage facility located
on the south side of Foster Road and in the City of Bellflower do not generate
much traffic either. Foster Road is fully improved and capable of carrying the type
and quantity of traffic the proposed fourteen condominiums will generate.
E. That the proposed zone change is in general conformance with the General
Plan and General Plan land use designation for the parcel. The proposed
change of zoning on the property is in general conformance with the General Plan
and General Plan land use designation for the parcel. Program 1.3.1.5 of Downey
Vision 2025, the Downey General Plan directs the City to encourage land uses
consistent with the area’s designation as properties recycle. The subject property
is zoned R-1 (Single-Family Residential), which the Applicant proposes to change
to another residential designation, R-3 (Medium-Density Residential). The
proposed project meets this requirement as it seeks to subdivide the subject
property for fourteen (14) condominiums. Said dwelling units will embellish the
residential character of the area. The proposed development will also be within
the maximum density permitted by the General Plan and the Downey Zoning
Code.
PC Agenda Page 46
RESOLUTION NO. ____
PAGE 4
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SECTION 4. The Planning Commission, hereby recommends the City Council approve
an amendment to the Comprehensive Zoning Map, changing the land use categories of the
property at 10361 Foster Road from LDR (Low Density Residential) to MDR (Medium Density
Residential), and further recommends the City Council approve a zone change application to
change the zoning of the subject site from R-1 (Single-Family Residential) to R-3 (Medium-
Density Residential)
APPROVED AND ADOPTED this 6th day of July 2016.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning
Commission of the City of Downey at a meeting held on the 6th day of July, 2016.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 47
RESOLUTION NO. ____
PAGE 5
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EXHIBIT “A”
GENERAL PLAN (EXISTING)
GENERAL PLAN (PROPOSED)
PC Agenda Page 48
RESOLUTION NO. ____
PAGE 6
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ZONING (EXISTING)
ZONING (PROPOSED)
PC Agenda Page 49