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HomeMy WebLinkAboutPC Resolution 16-2976RESOLUTION NO. 16 -2976 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE TRACT MAP NO. 74082 AND SITE PLAN REVIEW (PLN -16- 00018), THEREBY ALLOWING THE CONSTRUCTION OF A 7 -UNIT TOWNHOME DEVELOPMENT ON PROPERTY LOCATED AT 8104 STEWART & GRAY ROAD THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. An application was filed by Raul Echemendia (hereinafter "Applicant ") requesting approval of a Tentative Tract Map No. 74082 and Site Plan Review, to develop a 7 -unit townhome project, on property at 8104 Stewart and Gray Road, Downey, California (hereinafter "Subject Site "), zoned P -B & R -3 (Parking Buffer & Multiple - Family Residential); and, Br The project site currently maintains two zoning classifications: the southerly (rear) sixty -six (66') feet portion of the property is zoned P -B, while the remaining is zoned R -3. Simultaneously, the applicant has requested to rezone it from P -B to R -3; and, C. On March 24, 2016, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, D. The Planning Commission held a duly noticed public hearing on April 6, 2016, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32), In -Fill Development Projects. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Tentative Tract Map, the Planning Commission further finds, determines and declares that: A. That the proposed map is consistent with the General Plan. The City of Downey Housing Element has adopted policies to provide adequate sites and zoning to encourage and facilitate a range of housing to address the regional fair share. allocation (Policy 2.1) and encourage infill development and recycling of land to provide adequate residential sites (Policy2.2). Approval of Tentative Tract Map 74082 will result in an increase to the City's housing inventory; consequently, approval of Tentative Tract Map 74082 is consistent with the goals, policies, programs, and land uses of applicable elements of the General Plan. Resolution No. 16 -2976 Downey Planning Commission B. That the site is physically suitable for the type and density of development. The subject site is physically suitable for the proposed type of development due to its relatively large regular shape, which has adequate access to accommodate residential developments in the R -3 (Multiple - Family Residential) zone. It is a 15,934 square foot parcel that the applicant proposes to develop into a 7 -unit townhome project. The proposed lots exceed the minimum lot area and dimension requirements of the area substantially, because the minimum lot area for parcels in the R -3 zone is 10,000 square feet. In addition, the proposed project will be consistent with the neighboring uses. C. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed project will allow seven residential units on the subject property that will comply with the development standards for the R -3 zone. The project will not cause serious public health problems to existing or future occupants of the proposed project, since there are no sites nearby that pose a health hazard. The proposed development is for a residential use that is appropriate for the area. D. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design of this residential project will not conflict with easements needed by any public agency or utility purposes. All such easements either do not exist or have been noted and reserved. E, That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is currently improved with a single family home. Although the proposed project will introduce new light and traffic into the area, it is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat because there are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive, or special status species. As such, it is staffs opinion that the proposed the project will not impact wildlife resources. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Site Plan Review, the Planning Commission further finds, determines and declares that: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The Applicant proposes to develop the subject site with seven townhomes. In an overall review of the General Plan, it is staffs opinion that the proposed development is consistent with all of the policies, programs, and goals contained therein. Furthermore, the objective of the City's Housing Element Program 5 is to increase the overall housing stock within the City. This includes providing sufficient housing to meet the City's share of the Regional Housing Needs Assessment (RHNA). By allowing construction of the proposed project, the City's housing inventory will increase by six units (including the existing single - family dwelling on the site that will be demolished). For these reasons, staff is of PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 2 Resolution No. 16 -2976 Downey Planning Commission the opinion that approval of the Site Plan Review is consistent with all other goals, policies, programs, and land uses of applicable elements of the General Plan. B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. Article IX of the Municipal Code provides zoning regulations for the development and use of private property. In this case, the subject site is located within the R -3 zone and is intended to provide for the development of multiple family residential uses. The proposed development requires a change of zone to allow multiple dwellings on the subject property. The proposal to rezone a portion of property from P -B to R- 3 is consistent with the intent and purpose of the City's residential zone regulations because the change is simply to eliminate the P -B zone that no longer exists in the recent updated Zoning Ordinance. It is staff's opinion that the applicant has designed a project in a manner that accomplishes all of the goals of the General Plan and Specific Plan, while avoiding significant impacts to the neighboring properties by utilizing proper site design, good architecture, and providing active community open spaces. C. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed architectural style is contemporary, which will enhance the character of the project and integrate it harmoniously into the surrounding area. Additionally, the applicant has proposed four guest parking spaces at the rear of the property, which will not be visible from public view. Having parking spaces at the rear instead of in front of the property will further enhance the project's appearance. It is staff's opinion that the combination of architectural style and proposed landscaping, will serve to enhance the site and provide an aesthetic enhancement to the entire area, since it is an overall upgrade to the property and augments the quality of the streetscape. D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site layout has a common driveway that serves as a primary access to the site. This allows consistent forward movement of all vehicles, including trash trucks, moving vans, and emergency vehicles. Pedestrian circulation is separated from vehicle traffic with the use of walkways that connect all entrances to the units along the westerly side of the property. It is staff's opinion that this site layout works best to facilitate vehicle movement while maximizing pedestrian safety. Accordingly, staff believes that the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets have been properly considered in this request. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The proposed project will replace a residential building that has been in existence since 1949. The new townhome project will enhance PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 3 Resolution No. 16 -2976 Downey Planning Commission the character of the project and integrate it harmoniously into the surrounding area. The proposed architectural design will further enhance the project's appearance. Staff is of the opinion that the proposed architectural style will be different from other buildings in the area and that this project will upgrade the overall appearance of the site and improve the community appearance. F, The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed residential project is for a 7 -unit townhome development. A review of the area indicates that all surrounding properties are residential. It is staff's opinion that the surrounding area was taken into consideration in the site design, including entrances to the units from Stewart and Gray Road. This includes elimination of the visible parking spaces from the street. Furthermore, this project will result in an aesthetically pleasing appearance. This development, in staff's opinion, will promote the public health, safety, and welfare of those who work or reside in the area. G. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Conditions of approval for PLN -16 -00018 will include a condition stating that the design features will incorporate graffiti resistant materials. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN -16- 00018, subject to the Conditions of Approval attached hereto, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 4 Resolution No. 16 -2976 Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of April 20,16. L Mamas FI res, 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 Cavanagh, Secretary - City Planning Commission PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 5 Resolution No. 16 -2976 Downey Planning Commission TENTATIVE TRACT MAP NO. 74082 AND SITE PLAN REVIEW (PLN -16- 00018) CONDITIONS OF APPROVAL PLANNING 1) The approval of this Tentative Tract Map No. 74082 and Site Plan Review (PLN -16- 00018) allows for the development of a 15,934 square foot parcel into a 7 -unit townhome project, on property located at 8104 Stewart and Gray Road. This approval also includes all common open space and private sundeck areas contained therein. 2) The owner /applicant shall adhere to the approved building colors and materials for the new structure as listed on the approved elevations. 3) Approval of this Tentative Tract Map and Site Plan Review shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 4) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 5) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6) Prior to the issuance of building and /or grading permits, the Final Tract Map shall be approved by the City and recorded with the County of Los Angeles. 7) The owner /applicant shall remove or paint over any graffiti painted upon the premises, within twenty -four (24) hours. 8) Noise generated from the proposed use shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 9) All signs shall comply with the requirements set forth in the Downey Municipal Code. 10) All roof - mounted mechanical equipment shall be screened from view. The working drawings shall include a cross - section detail to illustrate that the height of the building parapet is sufficient to screen all roof - mounted equipment from view. PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 6 Resolution No. 16 -2976 Downey Planning Commission 11) The Applicant shall revise the North Elevation to incorporate the steel mesh used to enclose the top landing of the staircase, along the entire wall of the staircase. 12) The applicant/owner shall incorporate anti - graffiti elements into the building design, such as non - porous coatings on exterior wall surfaces, plant materials, and anti - graffiti film on windows, subject to the approval of the Community Development Director. 13) All developments in excess of $500,000 valuation that involve the construction or reconstruction of light industrial, commercial or residential buildings (over 4 units) shall be subject to the Public Arts Program. The Applicant shall either install public art on their property or pay a cash payment equal to the public arts fee in accordance with the City of Downey Manual for Arts in Public Places. The Applicant shall verify compliance with this condition by indicating the public art display on the site plan or paying the public art fee, prior to the submitting building plans for plan check. 14) Planting areas shall be maintained permanently, which includes proper watering, pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement of plants and other materials when necessary. 15) 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. 16) Exterior lights shall be un- switched and photo- sensor controlled. Lights shall be on from dusk until dawn, excluded balcony and sundeck lights for the individual units. 17) The applicant/owner shall post signs to address noise and loitering on the subject site. BUILDING 18) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 19) 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. 20) The owner /applicant shall install 10" address numerals on the exterior of the building. PUBLIC WORKS 21) If applicable, prior to the issuance of demolition permits, the applicant shall complete a Construction & Demolition (C &D) Waste Management Plan per Article V, Chapter 8 of the Downey Municipal Code. 22) All areas within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 7 Resolution No. 16 -2976 Downey Planning Commission 23) If applicable, the owner /applicant shall install a sewer main and sewer lateral (to the front property line) for each lot in the subdivision, and shall provide that the design and improvements of sewers shall be to the standards of the City Engineering Division. Septic systems are not acceptable. 24) The owner /applicant shall install all new utilities associated with this project underground. 25) If applicable, the owner /applicant shall install a site drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. All lot(s) shall not have less than one (1 %) percent gradient on any asphalt or non -paved surface, or less than one quarter (1/4 %) percent gradient on any concrete surface. 26) The owner /applicant shall reconstruct/install curb, gutter, and Portland cement concrete driveway approaches, along property frontage to the standards of the Department of Public Works. Broken, uneven, or sub - standard curb, gutter, sidewalk, driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the Public Works Department. Contact the Public Works Inspection Office at (562) 904 -7110 to have these areas identified just prior to initiating a grading plan. 27) All installed pavement shall consist of a minimum section of four inch (4 ") thick aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement. 28) The owner /applicant shall provide that no easements of any type be granted over any portion of the property to any agency, utility or organization (private or public), except to the City of Downey prior to recordation of the tract map. The owner /applicant shall grant easements in the name of the City shall include: 1) Vehicular easements, 2) Walkway easements, 3) Drainage easements, 4) Utility easements. 29) The owner /applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. FIRE 30) Plans to be submitted through Building and Safety and shall comply with 2013 California Fire Code, 2013 California Building Code, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 31) All fire lanes shall be clearly identified including the use of red curbs and signs. All fire access shall require turn around area for fire apparatus, as approved by the Fire Chief. 32) If applicable, hydrant placement/spacing shall be in accordance with DMC Section 3610, (a), (1). "300 feet for industrial, commercial, high density or multi -unit residential areas." 33) Additional public hydrants may be required depending upon required fire flows, street width, or tactical considerations by the Fire Chief (DMC Section 3610(c)). PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 8 Resolution No. 16 -2976 Downey Planning Commission 34) Residential Fire Sprinklers shall be installed in accordance with DMC Section 3317 and NFPA 13D. All new building(s) constructed for any occupancy use shall be protected by an approved Automatic Fire Extinguishing System throughout, installed in accordance with current recognized standards. 35) Fire Lane signage shall be installed in accordance with DMC 3327, 36) Smoke detectors shall be installed within each residential living unit in accordance with 2013 California Fire Code section 907.2.11.2. 37) Residential Addressing- the applicant/owner shall provide each residence with a clearly visible address. PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 9 Resolution No. 16 -2976 Downey Planning Commission 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 Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN -16 -00018 — 8104 Stewart & Gray Rd April 6, 2016 - Page 10