HomeMy WebLinkAboutPC Resolution 16-2974RESOLUTION NO. 16 -2974
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -15 -00210 (TENTATIVE MAP NO. 72768) AND
SITE PLAN REVIEW (PLN -15- 00168), THEREBY ALLOWING THE
SUBDIVISION OF 15,261 SQUARE FEET OF LAND INTO EIGHT (8)
CONDOMINIUMS AND A PRIVATE DRIVEWAY AT 10341 -10349 WESTERN
AVENUE AND ZONED R -3 (MULTIPLE- FAMILY RESIDENTIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that;
A. On August 11, 2015, the Applicant submitted a Land Use Permit Application to construct
an eight unit condominium project on the subject property, which is located at 10341 —
10349 Western Avenue, and the Applicant submitted a Subdivision Application for the
project on October 19, 2015.
B. On March 24, notice of the pending application was published in the Downey Patriot and
mailed to all property owners within 500' of the subject site.
C. The Planning Commission held a duly noticed public hearing on April 6, 2016, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In -Fill Development
Projects).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Tentative Tract Map, the Planning Commission further finds,
determines and declares that:
That the proposed map is consistent with the General Plan. The City of Downey
Housing Element has adopted policies to provide adequate sites and zoning to
encourage and facilitate a range of housing to address the regional fair share allocation
(Policy 2.1) and encourage infill development and recycling of land to provide adequate
residential sites (Policy2.2). Approval of the Tentative Parcel Map 72768 will result in an
increase to the City's housing inventory; consequently, approval of Tentative Parcel Map
72768 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 -3 (Multiple - Family
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
Resolution No. 16 -2974
Downey Planning Commission
property for eight (8) 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 15,261.71 square feet of land (0.350 acre), 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 eight (8) condominiums Tentative
Parcel Map 72768 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. Pedestrian circulation is
separated from vehicle traffic with the use of walkways that connect all entrances to the
units along the north and south sides of the property. It is staff's opinion that this site
layout works best to facilitate vehicle movement while maximizing pedestrian safety.
Accordingly, staff believes that the functional aspects of the site development, such as
automobile and pedestrian circulation, and the visual effects of the development from the
view of the public streets have been properly considered in this request.
5. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. The design of this residential project will not conflict with
easements needed by any public agency or utility purposes. All such easements either
do not exist or have been noted and reserved.
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 proposed eight -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.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
The site plan is consistent with the goals and polices embodied in the General Plan and
other applicable plans and policies adopted by the Council. The goals and policies of
the Downey General Plan (Vision 2025) pertinent to the proposed project 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 sh parking space per unit for guest parking. Therefore, the eight -unit
condominium development requires 20 off - street parking spaces. PLN -15 -00168
proposes two -car garages for each unit and four (4) designated guest parking spaces
that are located at the rear of the site. As such, the proposed site plan meets the
quantity of off - street parking spaces required for multiple - family residential developments
by providing sixty parking spaces.
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Resolution No. 16 -2974
Downey Planning Commission
Goal 81 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 eight condominiums in a Ranch
architectural style.
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. The subject property is within the R -3
(Medium - Multiple Residential) zone. 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. Several multiple family
developments exist on Western Avenue and in the vicinity, which allows the proposed
project to maintain its compatibility with surrounding uses.
3. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site,. the immediate neighborhood, and the surrounding areas of the City. The proposed
"Ranch" architectural style will enhance the character of the project and integrate it
harmoniously into the surrounding area. Locating the four guest parking spaces at the
rear of the property outside away from public view will enhance the project's appearance
further. The architectural style of the two buildings, coupled with the proposed
landscaping, will enhance the site and enhance the surrounding area.
4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The plan calls for a private driveway to run down the center of the property, extending
from the front of the site to the rear. It will provide direct access to the garages of the
eight units and to four guest parking spaces at the rear of the site. The appearance of
the driveway and walkway areas will be enhanced by incorporating colored concrete,
concrete pavers and crushed granite gravel.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The proposed condominiums will convey a Ranch architectural design that utilizes
concrete tile roofing materials, "Hardie" Plank siding, stone veneer, window shutters,
decorative window moldings, and cement plaster finishes to convey this style. The
proposed dwellings will incorporate common materials and features found on many
buildings in the vicinity.
6. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The existing square- shaped lot
that is relatively flat and developed with a single - family residence that has a curvilinear
driveway leading to a garage and a concrete pad with three marked parking spaces in
the front yard. These elements will be removed for the proposed development. Approval
of the proposed project will facilitate construction of an eight -unit condominium
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 (Site Plan Review) 11341 -11349 Western Avenue
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Resolution No. 16 -2974
Downey Planning Commission
development, which will upgrade the visual character or quality of the site and its
surroundings and enhance the streetscape on Western Avenue.
7 The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. The Conditions of Approval for PLN -15 -00168 will
include a condition stating that the design features will incorporate graffiti resistant
materials.
SECTION 5. Based upon the findings set forth in Sections 1 through 5 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Tentative
Tract Map and Site Plan Review, 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.
SECTION 6. The Secretary shall certify the adoption of this Resolution
PASSED, APPROVED AND ADOPTED this 6th day of April, 2016.
atias Flores, Chairman
City'`Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 6th day of April,
2016, by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores, Rodriguez, Morales and Lujan
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Owens
ABSTAIN:
COMMISSIONERS:
None
Mary Cav nagh, Secretary
City Planning Commission
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Resolution No. 16 -2974
Downey Planning Commission
EXHIBIT A— CONDITIONS OF APPROVAL
PLN -15 -00210 (TENTATIVE TRACT MAP NO. 72768)
and
PLN -15 -00168 (SITE PLAN REVIEW)
PLANNING
The approval of Tentative Tract Map No. 72768 (PLN -15- 00210) and Site Plan Review
(PLN -15- 00168) allows for the construction of a of an eight -unit condominium
development on property located at 11341 -11349 Western Avenue as shown on the
approved plans dated, April 6, 2016. Deviations or exceptions from this plan shall not be
permitted without the approval of the City Planning Commission.
2. Approval of Tentative Tract Map No. 72768 and Site Plan Review shall not be construed
to mean any waiver of applicable and appropriate zoning regulations, or any Federal,
State, County, and City laws and regulations. Unless otherwise expressly specified, all
other requirements of the City of Downey Municipal Code shall apply.
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 issuance of building and /or grading permits, the Final Tract Map No. 72768
shall be approved by the City and recorded with the Los Angeles County Recorder. PLN -
14 -00214 (Conditional Use Permit) shall not become effective until the Downey City
Council approves Final Parcel Map No. 73738, and said Map is recorded with the Los
Angeles County Recorder
6. Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
There shall be no construction on the site outside of these hours.
7. All lights on the property shall be directed, positioned, and /or shielded such that they do
not illuminate surrounding properties and the public right -of -way.
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Resolution No. 16 -2974
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8. There shall be no roof mounted equipment permitted at any time. All exterior HVAC
equipment shall be ground mounted and screened from 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.
9. 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.
10. Any graffiti applied to the site shall be removed within 48 hours.
11. All developments in excess of $500,000.00 valuation that involve the construction or
reconstruction of commercial uses shall be subject to the Public Arts Program. The
Applicant shall either install public art on the property or pay a cash payment, not to
exceed one hundred and fifty thousand dollars ($150,000.000), equal to the public arts
fee in accordance with the City of Downey Manual for Art in Public Places.
12. Prior to the issuance of building permits, the applicant shall obtain approval from the City
Planner of all landscaping. The size and number of landscaping shall meet the
requirements of Municipal Code Section 9520. The mature trees (36" and 48" box trees)
shall be planted along the rear property line to screen the view of the building from the
neighboring property. Trees that have large canopies and maintain foliage year round
shall be preferential for the trees along the rear property line. All landscape shall be
installed and permanently maintained.
13. All above grade back -flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right -of -way.
14. The maximum height of all accessory structures shall not exceed 12'.
15. The finish colors and materials for the units shall be as follows:
Material
Concrete Roofing Tile
Exterior Wall - Stucco
Fascia Board, Balcony Trellis and Railing,
and Window Trim
Stone Veneer
Hardie Plank Siding
Color
Eagle 'Capridrano'
Adobe Blend
La Habra
"Fallbrook"
Dunn Edwards 'Iron River'
DEA 176
El Dorado 'Mountain Ledge Sierra'
Dunn Edwards 'Mesa Tan'
DEC 718
16. Changes to the facades and /or colors shall be subject to the review and approval of the
City Planner.
17. 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.
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Resolution No. 16 -2974
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18. All open parking spaces shall be limited to 72 -hour parking only and be duly marked.
Open parking spaces shall not be assigned.
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, and internal streets and walkways. Additionally, the CC &R's shall
require the following:
b) Require all garages be maintained in a manner to accommodate two vehicles at
all times,
C) Require all guest parking spaces be duly marked and not assigned to the
residents,
d) Shall prohibit parking anywhere on the site, except in the garages and marked
guest parking spaces.
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.
21. 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.
22. All perimeter walls on the property shall be decorative block, as approved by the City
Planner.
23. The Applicant shall provide brochures of the proposed paving materials prior to the
issuance of building permits.
24. 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.
25. Exterior lights shall be un- switched and photo- sensor controlled. Lights shall be on from
dusk until dawn. Porch lights for the individual units shall be excluded from this
condition.
26. Additional LED lighting shall be added to the front and rear elevations to include the
trash, trellis, and barbecue areas.
BUILDING
24. All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
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Resolution No. 16 -2974
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25. Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
PUBLIC WORKS
26. The owner /applicant shall install all new utilities underground.
27. The owner /applicant shall be required to complete a construction & demolition (C &D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
28. All driveway approaches shall be as wide as the driveway or parking aisle they serve.
All unused driveways shall be removed and reconstructed with full- height curb, gutter
and sidewalk.
29. The owner /applicant shall install pavement, which consists of a minimum section of 4"
thick aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement.
30. The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
31. The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
32. The owner /applicant shall furnish and install the public potable water improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to provide adequate fire flow and pressure to the site.
33. The owner /applicant shall construct/install curb, gutter, sidewalk, disabled ramps,
Portland cement concrete driveway approaches, street trees (24 -inch box with 2 -inch
diameter trunk), and pavement along all property frontage to the standards of the
Department of Public Works. Broken, uneven, or sub - standard curb, gutter, sidewalk,
driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the
Public Works Department. Contact the Public Works Inspection Office at (562) 904-
7110 to have these areas identified just prior to initiating a grading plan. The
owner /applicant shall obtain all necessary plan approvals and permits and shall provide
that the standards of improvements, construction materials, and methods of construction
shall be in conformance with the Standard Plans and Specification for Public Works
Construction and as modified by the City of Downey's Standard Plans and
Specifications.
34. The owner /applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
35. The owner /applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
36. The Applicant shall comply with the National Pollutant Discharge Elimination System
(NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact
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Resolution No. 16 -2974
Downey Planning Commission
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).
37. 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.
38. The owner /applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
39. The owner /applicant shall install a sewer main and sewer lateral (to the front property
line), and shall provide that the design and improvements of sewers shall be to the
standards of the City Engineering Division. Septic systems are not acceptable.
40. If applicable, the owner /applicant shall prepare a site drainage plan for the site (prepared
and sealed by a registered civil engineer in the State of California) for approval by the
Downey Engineering Division and Building and Safety Division. All lot(s) shall not have
less than one percent (1 %) gradient on any asphalt or non -paved surface, or less than
one quarter percent (1/4 %) gradient on any concrete surface.
41 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.
42. 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.
43. The owner /applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
44. 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.
45. The owner /applicant shall furnish and install dedicated fire protection lateral(s) including
backflow devices, fire department connections and other appurtenances as required by
the Department of Public Works and the Downey Fire Department. Such improvements
may include removal and /or replacement of existing fire hydrants, laterals, backflow
devices, and associated facilities with new facilities to current Downey standards and
materials. Backflow devices, fire department connections, and associated
appurtenances are to be located on private property and shall be readily accessible for
emergency and inspection purposes. Backflow devices shall be screened from street
view by providing sufficient landscaping to hide it.
FIRE DEPARTMENT
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46. Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
47. A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a `Deferred Submittal' in which
additional requirements to meet the code may be added.
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