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HomeMy WebLinkAbout2. PLN-16-00122 - 7940 TelegraphSTAFF REPORT PLANNING DIVISION DATE: SEPTEMBER 21, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, SENIOR PLANNER SUBJECT: PLN-16-00122 (TENTATIVE TRACT MAP NO. 74254, ZONE CHANGE, SITE PLAN REVIEW, AND VARIANCE) – A REQUEST TO CONSTRUCT A 39 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATION: 7940 TELEGRAPH ROAD ZONING: C-2 (General Commercial) and P-B (Parking Buffer) REPORT SUMMARY Telegraph Homes, (hereinafter “applicant’) is proposing to subdivide a 1.66 acre (72,395 sq. ft.) site for condominium purposes and to construct 39 condominium residential units. The dwelling units will be three story structures and will include an attached two-car garage. In addition, the applicant will provide 20 open guest parking spaces on the property. For this development proposal, the applicant has applied for four entitlements: (1) a tentative tract map application to allow the subdivision of the site to accommodate a thirty-nine (39) condominium residential unit development; (2) a zone change application to change to existing zone of C-2 (General Commercial and the northern 42-feet along Telegraph Road zoned P-B (Parking Buffer) to R-3 (Multiple Family Residential); (3) a site plan review application to review the proposed development, and (4) a variance application to reduce the garage back-up space from the required 30 feet (Downey Code Section 9710.04 (c)) to 25 feet, eliminate a required landscape planter within the guest parking area (Downey Code Section 9520.04(e)(5), and eliminate the five percent required parking lot landscaping (Downey Code Section 9710.04(d). Based on the analysis contained in this report, Staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE TRACT MAP NO. 74254, ZONE CHANGE, SITE PLAN REVIEW, AND VARIANCE (PLN-16-00122), THEREBY ALLOWING THE CONSTRUCTION OF 39 RESIDENTIAL CONDOMINIUM UNITS ON PROPERTY LOCATED AT 7940 TELEGRAPH ROAD, ZONED C-2 (GENERAL COMMERCIAL AND P-B (PARKING BUFFER). Agenda Page 1 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 2 BACKGROUND The project site is located on the south side of Telegraph Road, on the southwest corner of Telegraph Road and Tweedy Lane. The current zoning of the subject property is C-2 (General Commercial) and P-B (Parking Buffer) with a General Plan land use designation of Medium Density Residential (MDR). Currently, the site is developed as a parking lot. Historically, it was used as a parking lot for the business located across the street at 8001 Telegraph Road, in the City of Pico Rivera. The surrounding neighborhood mostly consists of a combination of manufacturing and warehousing on the north side of Telegraph Road, multi-family residential along the south side of Telegraph road, and single-family dwelling units to the south of the subject site. Staff believes that the proposed project would not cause any compatibility issues, since the project site is situated between multi-family residential dwelling units along the south side of Telegraph Road. Project site as viewed from Telegraph Road Project site as viewed from Tweedy Lane Agenda Page 2 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 3 On May 9, 2016, the applicant submitted three entitlement applications (site plan review, zone change, and tentative tract map) to the Planning Division for the proposed 39-unit condominium development. In accordance with State law, Staff reviewed the applications for completeness within 30 days. On July 21, 2016, Staff sent out an incomplete letter to the applicant regarding additional comments and corrections that needed to be addressed, as well as an additional application in order to deem the applications complete. On August 22, 2016, the applicant resubmitted plans for Staff review and also submitted an additional application for a variance request for three development standards (garage back-up space, parking area landscape planter, and required parking area landscaping). Staff reviewed the revised plans and deemed the applications complete on August 31, 2016. In accordance with California State Law, the notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on September 9, 2016. DISCUSSION Project Description The project location is located at the southwest corner of Telegraph Road and Tweedy Lane, north of Interstate 5, and west of Paramount Boulevard. The site is presently zoned C-2 (General Commercial, and P-B (Parking Buffer). The site is surrounded by a mix of multi-family developments, single family neighborhoods, as well as industrially zoned properties on the north side of Telegraph Road (Pico Rivera). The zoning and land use designations for the surrounding properties are as follows: General Plan, Zoning and Existing Land Use General Plan Zoning Existing Use Subject Site General Commercial C-2/P-B Vacant Lot North I (General Industrial) (City of Pico Rivera) I-G General Industrial (City of Pico Rivera) Warehousing, Manufacturing uses South Low Density Residential R-1 Single-Family Dwellings East Medium Density Residential R-3-O Apartments West Medium Density Residential R-3 Apartments The applicant is proposing to build 39 condominium units on a 1.66 acre lot. All 39 dwelling units will be three stories high with an attached two-car garage. The dwelling unit sizes range from 1,561 square feet to 2,100 square feet in area, of which 21 units are three (3) bedroom units, and 18 are four (4) bedroom units. There are five different models, of which eight (8) are unique units (different floor plans). Seven of those eight units are in Building F due to the shape of the property. The eighth unique unit is the corner unit in Building B. There are some differences in size among the same model units, but the general design remains the same. The balconies range in size from 14 square feet to 152 square feet in area. All floor plans include a bedroom and bathroom on the first floor with a majority of the living space located on the second and third floors. The first floor will also include a garage, with a dedicated trash can area. Thirty-eight of the units contain 3.5 baths, with one unit containing 2.5 Agenda Page 3 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 4 baths. The second-story floor area will serve as the main social area of the building with a family room, kitchen and dining area connected in an “open concept” configuration. Each unit will have between 1 and 3 balconies that range in size from small, fourteen (14) square foot “Juliet” style balconies to larger 152 square feet balconies. The site will be accessed via a single driveway at the southeast corner of the property along Tweedy Lane. The site will have emergency access along the driveway closer to Telegraph Road. This driveway will contain a Knox Box, and will only be used by emergency vehicles only. The site will contain 25-foot wide, two-way driveways throughout the site, and will be marked as fire lanes. The primary parking for each unit is within an enclosed two-car garage, with twenty (20) guest spaces provided on the site. Eighteen (18) of the guest parking will be located along the south property line, with two spaces located along the northern portion of the lot, between Units 5 and 6, and Units 19 and 26. Staff has recommended a condition of approval requiring these guest spaces be marked as “Guest Parking Only” and be limited to 72 hour parking only. An intercom will be located alongside the two guest parking spaces located at the entrance of the project site. The site will include 9,053 square feet of common open space distributed throughout the property. There are four common areas, all with a stamped concrete surface. Common Area A is located between Buildings “A” and “B”, and is the smallest of the common areas, with the raised planter to also serve as a seating area. Common Area B is located along the rear portion of the project site (west property line) and includes seating areas, two trellises, and a small kiddie playground. Common Area C is located at the southwest corner of the property, and includes a pool, restroom facilities, and a large trellis covered seating area. Lastly, Common Area D is located between Buildings “D” and “E”, and contains a number of landscape planters, with benches and raised planters that serve as seating areas, as well as two fountains. A review of the project development standards is as follows: Standard Requirement Proposed Lot Coverage 50% 43.93% Building Height 35 ft. / 3 stories 34.16 ft. / 3 stories Minimum Unit Size (3 beds) (4 beds) 1,000 sq.ft. 1,300 sq.ft. 1,564 – 1,972 sq.ft. 1,561 – 2,100 sq.ft. Minimum Landscape Area N/A 7,621 sq.ft. Building Separation (minimum) 10 ft. 25 ft. Setbacks: Front Rear Side • Interior • Street 15’ 15’ 10’ 7.5’ 15’ 15’ 10’ 7.5’ Usable Open Space per Dwelling unit 200 sq.ft. (7,800 sq.ft.) 2,500 sq.ft. (private balcony or patio) 9,053 sq.ft. (common open space) Agenda Page 4 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 5 Parking 2 covered space per dwelling unit plus 0.5 guest parking per dwelling Total: 98 78 enclosed 20 open Total: 98 As noted above, the proposed project meets a majority of the development standards for the R- 3 Zone; however, the applicant is requesting to deviate from three related development standards: 1. Pursuant to DMC 9710.04(c), a 30-foot back-up space is required from each garage. In lieu of the 30-foot back-up space, the applicant is proposing a 25-foot back-up space. 2. Pursuant to DMC 9520.04(e)(5), a 5-foot wide landscape planter is required for every ten spaces within a parking area. The required landscaping is not proposed. 3. Pursuant to DMC 9520.04(e)(1), the amount landscaping within the parking area is required at 5% of the parking area, exclusive of landscaping within a front or side yard setback. The required landscaping is not proposed. Architecture Corner of Telegraph Road and Tweedy Lane – Design The proposed project includes a Modern architectural design. The design includes linear elements, and horizontal and vertical features, pop outs, all helping to create a linear inspired design common in Modern architecture. The building façades will include varying wall planes, heights, and roof lines, as well as contrasting colors and materials. The primarily building color and material will be Merlex Navajo white with a stucco finish. Contrasting colors with stucco finishes will include a light blue-gray Merlex Cape Code colored sections and pop outs, and a darker, bluish-gray Merlex Thunder Agenda Page 5 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 6 Sky along some of the second story pop-outs, as well as the small awning-like features on the third floor. A contrasting brown (Behr Stain), fiber cement (to simulate horizontal wood siding), will be included along various sections of the buildings to provide additional accentuation and contrast. The windows will be white vinyl, and the balconies will be painted black, with a powder coat finish. The apartment buildings will include sectional garage doors painted light grey. Landscape The development will include a total amount of 7,621 square feet of landscaping throughout the development. This includes the setbacks, planters, and portions of the private yard space. In accordance with the City’s landscape regulations, the proposed project will need to provide 47 on site trees of different container sizes. The breakdown for required container sizes is as follows: Size Required Proposed 48” Box 10% (6) 6 36” Box 10% (6) 6 24” Box 15% (7) 7 15 Gallon 60% (26) 30 Other 5% (2) 2 Total 47 51 The applicant is proposing the following types of trees throughout the development: Botanical Name Tree Common Name Size Number Ruhs Lancea African Sumac 48” box 6 Pistacia Chinensis Chinese Pistache 36” box 6 Tipuana Tipu Tipu Tree 24” box 7 Lagestroemia Faueri Red Crepe Myrtle 15 gallon 15 Platanus Acerifolia London Plane Tree 15 gallon 15 Geijera Parviflora Australian Willow 60” box 2 Total 51 The City’s landscape regulation requires the use of drought tolerant landscape (minimum 75% of total non-turf material used must be drought tolerant). The applicant is proposing to use a water wise planting palate (low water usage) for the proposed landscaping, which includes: Botanical Name Common Name Size Planting Detail Gaura Lindheimeri No Common Name 5 gallon 3’ o.c. Phormium Tenax New Zealand Flax 5 gallon 6’ o.c. Alyogyne Huegels Blue Hibiscus 5 gallon 6’ o.c. Euryops Pectinatus Shasta Daisy 5 gallon 2’ o.c. Rhaphiolepis Indica “Clara” Indian Hawthorne 5 gallon 4’ o.c. Myrtus C. “Compacta” No Common Name 5 gallon 4’ o.c. Abelia Grandiflora Glossy Abelia 5 gallon 12” o.c. In addition to the trees, shrubs, and hedges found throughout the project site, a three-inch layer of walk -on bark will be provided within all landscape planters. The proposed transformers Agenda Page 6 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 7 alongside both driveway approaches on Tweedy Lane will include a hedge (glossy abelia) to help conceal the proposed transformers. Overall, the proposed landscape will enhance the site layout of the project by adding a transitional element or buffer between the proposed concrete driveway and the residential units. Development Review Committee The City’s Development Review Committee reviewed the project on June 2, 2016. Some of the initial concerns expressed by the committee were Fire Department access, lack of bathroom facilities around pool area, awkward driveway entrance, the issues related to the variance requests, and other minor additional details. In order to address these concerns, the applicant has identified the driveways as fire lanes and provided a Knox Box for emergency vehicle access, proposed bathroom facilities adjacent to the pool area, revised the driveway entrance, and is applying for variances for the required 30-foot back-up space, and the parking area landscaping requirements. ENVIRONMENTAL ANALYSIS In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has determined that the proposed development is categorical exempt, pursuant to Section 15332 (In-fill Development) of the CEQA Guidelines. Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. The project is categorically exempted under this Section because the property is consistent with the General Plan land use designation and complies with the R-3 development standards, except for the three variances requested. The project is also developed on a parcel less than five acres and is surrounded by urban uses. The project site is also not a known habitat for endangered species or any other wildlife, as it is presently developed with a vacant parking lot. In addition, the proposed project is not likely to result in causing any significant effect to the existing traffic, noise, air quality, or water quality. The proposed development would also be served by all required utilities and public services. Zone Change The project is presently zoned C-2 (General Commercial) and P-B (Parking Buffer), with a General Plan Land Use designation of Medium Density Residential (MDR). The C-2 Zone is intended to provide for and encourage the orderly development of general commercial uses, with a wide variety of goods and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. In 2008, the P-B zone was eliminated, however, in recognition of this action, properties with the P-B zoning designation are rezoned when the Planning Commission considers other discretionary actions on said properties. The proposed change of zone will be consistent with the policies and land use designations of the General Plan. Agenda Page 7 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 8 The Zoning Maps below illustrate the existing and proposed zoning of the subject property and the adjacent properties: Existing Zoning Map Proposed Zoning Map FINDINGS 1. That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interest or furtherance of the public health, safety, and general welfare. The request to rezone the property from C-2 and P-B to R-3 is in consistent with the General Plan, which designates the property as Medium Density Residential. Specifically, the R-3 Zone is intended for multiple-family residential uses. The proposed zone change will accommodate the proposed residential development, which implements the proposed zoning and complies with the General Plan. Furthermore, the project site exceeds the minimum parcel requirements set forth in the Zoning Code. Considering these factors along with meeting the intent of the land use designation, Staff believes that this zone change will be in harmony with the objectives of the General Plan and is in the interests of the public health, safety, and general welfare. 2. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The surrounding area includes residential uses to the south, east and west of the site. The north side of Telegraph Road is located within the City of Pico Rivera, and developed with industrial uses. The requested zone change will allow the development of a condominium project that will be similar to the neighboring uses. It is Staff’s opinion that rezoning the project site from C-2 (General Commercial) and P-B (Parking Buffer) to R-3 (Multiple-Family Residential) will make it compatible with other parcels in the vicinity and continue to support the residential development in the area. Agenda Page 8 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 9 3. That the site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with. The minimum size requirement for new parcels in the R-3 zone is 10,000 square feet in size; however, the subject parcel comprises 72,395 square feet. As part of his request, the applicant is proposing to rezone the subject site from C-2 and P-B to R-3, which would bring the subject site into compliance with the General Plan. The rezone of the subject site will allow the applicant to create a developable site that can accommodate the number of units proposed for the project and comply with all of the development standards set forth in the Zoning Code, with the exception of the variance requests. 4. That the site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The subject site is located on the south side of Telegraph Road. It is a major arterial with six travel lanes (three in each direction). The proposed residential project is for thirty- nine condominiums and a review of the area indicates that all surrounding properties are residential. It is Staff’s opinion that Telegraph Road has sufficient capacity to accommodate any future development that will occur on the property. Furthermore, all utility systems are in place and can adequately serve future projects. 5. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. Currently, the General Plan land use designation for the subject property is Medium Density Residential. The proposed rezoning of the property from C-2 and P-B to R-3 will make the property’s zoning designation consistent with the General Plan’s Medium Density Residential (MDR) designation. Tentative Tract Map Tentative Tract Map No. 74254 allows the single lot to be subdivided to be developed into 39 condominium units. Each unit will accommodate common airspace preserved by the individual unit, with the remainder of the site being reserved for common area (driveways, parking, landscaping). The Tentative Tract Map also includes a future alley to be abandoned along the south portion of the lot. In order for the Planning Commission to approve the Tentative Tract Map, they must adopt the following five findings: A. That the proposed map is consistent with the General Plan. The tentative tract map proposes to construct 39 residential condo units on a 1.66 acre lot. Staff believes that the proposed project is consistent with the General Plan, specifically supporting the goals, policies, and programs of both the land use and housing chapters. The project is with consistent with Goal 1.4 of the land use chapter, and supported by policies, which promotes not only harmonious residential development with surrounding neighborhoods (Policy 1.4.2), but also home ownership opportunities (Policy 1.4.3). In addition, the housing project will help achieve Goal 2 and Policy 2.2 of the City’s housing element, which encourages in-fill development and the recycling of Agenda Page 9 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 10 land to provide adequate residential sites. The project site also has a General Plan land use designation of Medium Density Residential, which supports this type of residential development. B. That the site is physically suitable for the type and density of development. The project site is approximately 1.66 acres (72,395 sq.ft.), which meets the minimum lot size of 10,000 square feet for an R-3 zoned property. Using the R-3 zoning’s density standard, the subject property can be developed with 39 dwelling units on site, which is the amount proposed by the applicant. As proposed, Staff believes this residential development is suitable for this site and will not only improve the value of the property itself, but will also enhance the surrounding residential neighborhood. C. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The 39-unit residential condominium project will be constructed in a residential zone, situated adjacent to multi-family developments to the east and west, and adjacent to an existing residential neighborhood to the south. All of the proposed units are improved with one to three private balcony areas. The project as a whole will include common open space areas throughout the development, which will encourage residents to have outdoor activities within the development. Staff believes that the design of the residential development is not likely to cause a serious public health problem. 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. As a result of Staff’s research and also reference to the preliminary title report for this property, it was found that there is a five-foot wide Southern California Edison overhead easement along the south property line. No structures area proposed within the five-foot wide easement. The tentative tract map also includes a future alley to be abandoned. This area will be incorporated into the development of the project. 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 project site is in an urban setting surrounded by urban uses. There is also no known wildlife habitat in the City. The proposed subdivision would be developed on a lot, which was previously disturbed with development; therefore Staff believes the project would not cause substantial environmental damage to the site or its surrounding community. Site Plan Review The Site Plan Review allows the Planning Commission to review the site layout, as well as the architectural style of the buildings. In order to approve the Site Plan Review, the Planning Commission must adopt the following seven findings: 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. Agenda Page 10 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 11 The project site is zoned R-3 and has a General Plan land use designation of MDR, which encourages residential condominium developments. The project further supports the goals and policies of the General Plan by proposing a residential project that would enhance its surrounding neighborhood (Policy 1.4.2.) and provide opportunities for the general public to pursue home ownership in the City of Downey (Policy 1.4.3.). In addition, the construction of 39 housing units is supported by Policy 2.2 of the City’s Housing Element, which encourages in-fill development and the recycling of land to provide adequate residential sites. Overall, the proposed residential development would help add to the City’s existing housing inventory and also contribute to the City’s Regional Housing Need Allocation. B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. The proposed zoning of the project site is R-3, which permits by right to build condominium subdivision. In accordance with Article IX of the City’s Municipal Code, the applicant has applied for three entitlements: (1) a zone change from C-2 and P-B to R-3, bringing the property into compliance with General Plan, (2) a tentative tract map application to allow for the condominium subdivision, (3) a site plan review application to make sure the project complies with the R-3 development standards, (4) and a variance application to request deviation of three required development standards necessary in order for the project to progress forward. The three variances requested include a five- foot reduction to the vehicle back-up space, a waiver of the required parking area landscaping requirement, and a waiver of a required landscape planter within the guest parking lot area. Except for these requested deviations, the project complies with the development standards of the R-3 zoning. Overall, Staff believes the findings for the variance requests can be made in a positive manner. 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. As discussed previously in this report, the proposed development of the 39 residential condominiums will fit in harmoniously with the existing multi-family residential developments already improved on adjacent sites. The architecture of the dwelling units is a simplistic, modern design, which mimics the rectilinear elements found in Modern architecture. The landscape palette consists of drought tolerant planting materials that are well placed throughout the site. Together, the architecture and landscaping designs create a pleasing aesthetic effect that will certainly benefit the surrounding community. 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 design and overall integration of the landscaping, building orientation, and driveway access was well-envisioned by the applicant. The landscaping around the front building façades creates a nice transitional buffer between the residences and the public Agenda Page 11 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 12 right of way and streets, particularly Telegraph Road. Exterior light lamps are carefully placed on the garage entrance and the front porch to ensure both vehicles and pedestrians are able to move around the site in a safe manner. This project also incorporates decorative stamped concrete at the driveway entrances to the subject site, thus preventing a long barren driveway with no visual appeal. 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 project will enhance the existing residential neighborhood. The dwelling units are designed to avoid monotony by using façade recessing to break up the massing of the structures, as well as varying roof heights. The use different colored stucco wall plains and elements, as well as contrasting brown, fiber cement (to simulate wood siding) on various sections of the buildings add texture and visual interest to the overall design of the units. 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 development includes the development of a vacant site, previously used as a parking lot. The new residential, condominium subdivision will upgrade the value of the property and have a positive effect on neighboring properties. This project further supports the City’s General Plan mission of achieving a safe community for all residents to enjoy. 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 have been added to this project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code. This includes (1) the use of graffiti resistant products in the construction of the building and (2) the removal of any graffiti within 48 hours of application, which will be the responsibility of the applicant to complete. VARIANCE The applicant is requesting a variance from the following Downey Municipal Code Sections: • Section 9710.04(c) –requires a 30-foot garage back-up space from a garage. The applicant is proposing a 25-foot back-up space; • Section 9520.04(e)(5) – requires a landscape planter within the guest parking area. The applicant is proposing no landscape planter within the parking area; • Section 9710.04(d) – requires five percent of the parking area to be landscaped. The applicant is proposing no landscaping within the parking area. The property irregularly shaped. The depth of the lot changes from 278.5 feet along Telegraph Road to 255.5 feet along the south property line, thereby reducing the amount of space available for the parking area landscaping requirements. Furthermore, the applicant has also Agenda Page 12 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 13 indicated that the 30-foot wide driveway width is excessive, in that no other zoning designation requires a 30-foot wide driveway. The most that is required is 25-feet. The applicant has indicated that the 30-foot wide driveway requirement would prohibit him from developing the lot to its maximum potential of 39 dwelling units. The Variance allows the applicant to deviate from the abovementioned requirements of the Municipal Code. In this case, the applicant is proposing to deviate from Municipal Code Sections 9710.04(c) to allow a 25’ back-up space from the garages, 9520(e)(5) and 9710.04(d) to waive the requirements for the parking area landscaping and a five-foot wide landscape planter. A. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone; The proposed zoning of the project site is R-3. The site exceeds the minimum lot size for the R-3 zoned property; however, the lot is irregularly shaped. The lot depth of the property measure 278.5 feet along Telegraph Road, and 255.5 feet along the south property line. As viewed from Telegraph Road, the lot narrows by 23 feet. The unique shape of the lot prevents the applicant from providing the required 30 feet garage back- up space, and, as the guest parking spaces are located along the south property line, prevents the installment of the required landscaping and landscape planter within the parking area, thus preventing the applicant from developing the lot to the maximum potential of 39 residential units. The reduced depth of the lot limits the site design and creates an extraordinary circumstance that is not applicable to other properties in the area and zone. B. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located; The surrounding adjacent properties are mostly developed with multi-family residential development on R-3 zoned lots. Not allowing these three variances would prevent the property owner of the subject property from enjoying the same rights as the neighboring properties enjoy, if he cannot improve the site with a new multi-family residential project. According to Section 9710.04(c), the minimum vehicle back-up space is 30 feet. However, no other zone in the City of Downey, whether it is residentially or commercially zoned, requires more than a 25-foot wide driveway for 90-degree parking stalls. Staff believes that reducing the garage back-up space from 30 feet to 25 feet will still provide ample back-up space for a resident’s vehicle to maneuver out of the garage safely. Allowing the 30 feet back-up space will also drastically affect the proposed design and number of the dwelling units proposed. The parking area landscaping provision (including the five-foot wide landscape planter) is an important component of a proposed project’s overall site design on a R-3 zoned property. Code Sections 9520(e)(5) and 9710.04(d) require landscaping so that it helps break up the large swaths of concrete/asphalt associated with not only with the parking stalls, but the driveways themselves. The narrowing of the lot makes it difficult to provide the required landscaping without compromising the number of parking spaces, and thus compromising the number of proposed dwelling units. The guest parking area Agenda Page 13 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 14 will be located adjacent to a five-foot wide landscape planter that will include a number of trees, and will provide shade to the parking area. Staff believes that reducing the number of units is not an ideal alternative, since the City’s Housing Element encourages home ownership opportunities in Downey. C. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant; The project site is zoned R-3, but the existing lot dimensions prevent the applicant from providing the required garage back-up space, and required parking area landscaping and five-foot wide landscape planter. Overall, the lot dimensions prevent the applicant from fully maximizing the number of units allowed on a 1.66 acre lot, while complying with the R-3 development standards. Residential condominium projects are permitted use by right in the R-3 zoning, and these variances are necessary to have the project move forward. The project site is also situated between two existing multi-family zones, both developed with apartments; therefore Staff believes that the project would be highly unlikely to cause any compatibility issues with the neighboring uses. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located; Due to the unique shape of the lot, the applicant would be unable to fully maximize the number of units he would be permitted to construct in the R-3 zone, which allows one dwelling unit for every 1,815 square feet of lot area. Based on a 1.66 acre sized lot, the applicant would be allowed to construct the proposed 39 units. The requirements for which the applicant is requesting a variance would significantly reduce the number of buildable dwelling units, below the number that this lot would be able to accommodate. In Staff’s opinion, granting the three variances is in accordance with the goals and policies of the City’s General Plan. Staff believes that granting of the variances does not confer special privilege to the applicant. E. That the granting of such variance will be in harmony and not adversely affect the General Plan of the City; The project site is presently zoned C-2 and has a General Plan land use designation of MDR, which encourages residential condominium development. The proposed zone change to R-3 would bring the subject site into compliance with the General Plan. Granting the variance requests would allow the applicant to develop the 1.66 acre lot to its fullest potential, providing the greatest number of housing units allowed on a 1.66 acre lot. As such, Staff believes that the proposed project is consistent with the General Plan, specifically supporting the goals, policies, and programs of both the land use and housing chapters. The project is with consistent with Goal 1.4 of the Land Use Chapter, and supported by policies, which promotes not only harmonious residential development with surrounding neighborhoods (Policy 1.4.2), but also home ownership opportunities (Policy 1.4.3). In addition, the housing project will help achieve Goal 2 and Policy 2.2 of the City’s housing element, which encourages in-fill development and the recycling of land to provide adequate residential sites. Agenda Page 14 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 15 F. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The three variances requested by the applicant would allow the development of thirty- nine residential condos on a proposed R-3 lot. The construction of residential units for home ownership is highly supported by the City’s General Plan. Staff believes that losing any number of dwelling units to comply with the parking area landscaping and 30-foot back up space requirements is contradictory to the goals and objectives of the General Plan’s land use and Housing Element. CORRESPONDENCE As of the date that this report was printed, Staff has not received any correspondence regarding this application. CONCLUSION The project contains proper site layout, avoids impacts to the neighbors, and includes an aesthetically pleasing architectural design. Based on the analysis provided in this staff report, Staff feels that all of the required findings can be made in a positive manner, therefore Staff recommends that the Planning Commission approve Tentative Tract Map No. 74254, Zone Change, Site Plan Review, and Variance (PLN-16-00122), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Renderings C. Draft P.C. Resolution D. Project Plans Agenda Page 15 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 16 Exhibit ‘A’ - Map Aerial Photograph Agenda Page 16 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 17 Existing Zoning Map Proposed Zoning Map Agenda Page 17 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 18 EXHIBIT ‘B’ – RENDERINGS Agenda Page 18 7940 Telegraph Road – PLN-16-00122 September 21, 2016 - Page 19 Agenda Page 19 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE TRACT MAP NO. 74254, ZONE CHANGE, SITE PLAN REVIEW, AND VARIANCE (PLN-16-00122), THEREBY ALLOWING THE CONSTRUCTION OF 39 RESIDENTIAL CONDOMINIUM UNITS ON PROPERTY LOCATED AT 7940 TELEGRAPH ROAD, ZONED C-2 (GENERAL COMMERCIAL AND P-B (PARKING BUFFER). 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 May 9, 2016, the applicant submitted a request for the Tentative Tract Map, Zone Change, Site Plan Review, and Variance to allow the construction of thirty-nine residential condominiums on the site. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On August 22, 2016, the applicant submitted the remaining information, including a variance application, needed to complete the application. Accordingly, staff deemed the application complete on August 31, 2016; and, C. On September 9, 2016, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on September 21, 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 project 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 15332 (In-fill Development). 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: 1. That the proposed map is consistent with the General Plan. The tentative tract map proposes to construct 39 residential condo units on a 1.66 acre lot. Staff believes that the proposed project is consistent with the General Plan, specifically supporting the goals, policies, and programs of both the land use and housing chapters. The project is with consistent with Goal 1.4 of the land use chapter, and supported by policies, which promotes not only harmonious residential development with surrounding neighborhoods (Policy 1.4.2), but also home ownership opportunities (Policy 1.4.3). In addition, the housing project will help achieve Goal 2 and Policy 2.2 of the City’s housing element, which encourages in-fill development and the recycling of land to provide adequate residential sites. The project site also has a General Plan land use designation of Medium Density Residential, which supports this type of residential development. Agenda Page 20 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 2 2. That the site is physically suitable for the type and density of development. The project site is approximately 1.66 acres (72,395 sq.ft.), which meets the minimum lot size of 10,000 square feet for an R-3 zoned property. Using the R-3 zoning’s density standard, the subject property can be developed with 39 dwelling units on site, which is the amount proposed by the applicant. As proposed, staff believes this residential development is suitable for this site and will not only improve the value of the property itself, but will also enhance the surrounding residential neighborhood. 3. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The 39-unit residential condominium project will be constructed in a residential zone, situated adjacent to multi-family developments to the east and west, and adjacent to an existing residential neighborhood to the south. All of the units area improved with 2-3 private balcony areas. The project as a whole will include common open space areas throughout the development, which will encourage residents to have outdoor activities within the development. Staff believes that the design of the residential development is not likely to cause a serious public health problem. 4. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As a result of staff research and also reference to the preliminary title report for this property, it was found that there is a five-foot wide Southern California Edison overhead easement along the south property line. No structures area proposed within the five-foot wide easement. The tentative tract map also includes a future alley to be abandoned. This area will be incorporated into the development of the project. 5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The project site is in an urban setting surrounded by urban uses. There is also no known wildlife habitat in the City. The subject property is already improved with a residential use. The proposed subdivision would be developed on a lot, which was previously disturbed with development; therefore the project would not cause substantial environmental damage to the site or its surrounding community. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Zone Change, the Planning Commission further finds, determines and declares that: 1. That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interest or furtherance of the public health, safety, and general welfare. The request to rezone the property from C-2 and P-B to R-3 is in consistent with the General Plan, which designates the property as Medium Density Residential. Specifically, the R-3 Zone is intended for multiple-family residential uses. The proposed zone change will accommodate the proposed residential development, which implements the proposed zoning and complies with the General Plan. Furthermore, the project site exceeds the minimum parcel requirements set forth in the Zoning Code. Considering these factors along with meeting the intent of the land use designation, staff believes that this zone change will be in harmony with the objectives of the General Plan and is in the interests of the public health, safety, and general welfare. Agenda Page 21 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 3 2. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The surrounding area includes residential uses to the south, east and west of the site. The north side of Telegraph Road is located within the City of Pico Rivera, and developed with industrial uses. The requested zone change will allow the development of a condominium project that will be similar to the neighboring uses. It is staff’s opinion that rezoning the project site from C-2 (General Commercial) and P-B (Parking Buffer) to R-3 (Multiple-Family Residential) will make it compatible with other parcels in the vicinity and continue to support the residential development in the area. 3. That the site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with. The minimum size requirement for new parcels in the R-3 zone is 10,000 square feet in size; however, the subject parcel comprises 72,395 square feet. As part of his request, the applicant is proposing to rezone the subject site from C-2 and P-B to R-3, which would bring the subject site into compliance with the General Plan. The rezone of the subject site will allow the applicant to create a developable site that can accommodate the number of units proposed for the project and comply with all of the development standards set forth in the Zoning Code, with the exception of the variance requests. 4. That the site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The subject site is located on the south side of Telegraph Road. It is a major arterial with six travel lanes (three in each direction). The proposed residential project is for thirty-nine condominiums and a review of the area indicates that all surrounding properties are residential. It is staff’s opinion that Telegraph Road has sufficient capacity to accommodate any future development that will occur on the property. Furthermore, all utility systems are in place and can adequately serve future projects. 5. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. Currently, the General Plan land use designation for the subject property is Medium Density Residential. The proposed rezoning of the property from C-2 and P-B to R-3 will make the property’s zoning designation consistent with the General Plan’s Medium Density Residential (MDR) designation. SECTION 5. 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: 1. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The project site is zoned R-3 and has a General Plan land use designation of MDR, which encourages residential condominium developments. The project further supports the goals and policies of the General Plan by proposing a residential project that would enhance its surrounding neighborhood (Policy 1.4.2.) and provide opportunities for the general public to pursue home ownership in the City of Downey (Policy 1.4.3.). In addition, the construction of 39 housing units is supported by Policy 2.2 of the City’s Housing Element, which encourages in-fill development and the recycling of land to provide adequate residential Agenda Page 22 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 4 sites. Overall, the proposed residential development would help add to the City’s existing housing inventory and contribute also the City’s Regional Housing Need Allocation. 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 proposed zoning of the project site is R-3, which permits by right to build condominium subdivision. In accordance with Article IX of the City’s Municipal Code, the applicant has applied for three entitlements: (1) a zone change from C-2 and P-B to R-3, bringing the property into compliance with General Plan, (2) a tentative tract map application to allow for the condominium subdivision, (3) a site plan review application to make sure the project complies with the R-3 development standards, (4) and a variance application to request deviation of three required development standards necessary in order for the project to progress forward. The three variances requested include a five-foot reduction to the vehicle back-up space, a waiver of the required parking area landscaping requirement, and a waiver of a required landscape planter within the guest parking lot area. Except for these requested deviations, the project complies with the development standards of the R-3 zoning. Overall, staff believes the findings for the variance requests can be made in a positive manner. 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. As discussed previously in this report, the proposed development of the 39 residential condominiums will fit in harmoniously with the existing multi-family residential developments already improved on adjacent sites. The architecture of the dwelling units is a simplistic, modern design, which mimics the rectilinear elements found in Modern architecture. The landscape palette consists of drought tolerant planting materials that are well placed throughout the site. Together, the architecture and landscaping designs create a pleasing aesthetic effect that will certainly benefit the surrounding community. 4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site design and overall integration of the landscaping, building orientation, and driveway access was well-envisioned by the applicant. The landscaping around the front building façades creates a nice transitional buffer between the residences and the public right of way and streets, particularly Telegraph Road. Exterior light lamps are carefully placed on the garage entrance and the front porch to ensure both vehicles and pedestrians are able to move around the site in a safe manner. This project also incorporates decorative stamped concrete at the driveway entrances to the subject site, thus preventing a long barren driveway with no visual appeal. 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 project will enhance the existing residential neighborhood. The dwelling units are designed to avoid monotony by using façade recessing to break up the massing of the structures, as well as varying roof heights. The use of different colored stucco wall plains and elements, as well as contrasting brown, fiber cement (to simulate wood siding) on various sections of the buildings add texture and visual interest to the overall design of the units. Agenda Page 23 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 5 6. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed development includes the development of a vacant site, previously use as a parking lot. The new residential, condominium subdivision will upgrade the value of the property and have a positive effect on neighboring properties. This project further supports the City’s General Plan mission of achieving a safe community for all residents to enjoy. 7. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Conditions of approval have been added to this project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code. This includes (1) the use of graffiti resistant products in the construction of the building and (2) the removal of any graffiti within 48 hours of application, which will be the responsibility of the applicant to complete. SECTION 6. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Variance, the Planning Commission further finds, determines and declares that: 1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. The project site is zoned R- 3. The site exceeds the minimum lot size for the R-3 zoned property; however, the lot is irregularly shaped. The lot depth of the property measure 278.5 feet along Telegraph Road, and 255.5 feet along the south property line. As viewed from Telegraph Road, the lot narrows by 23 feet. The unique shape of the lot prevents the applicant from providing the required 30 feet garage back-up space, and, as the guest parking spaces are located along the south property line, prevents the installment of the required landscaping and landscape planter within the parking area, thus preventing the applicant from developing the lot to the maximum potential of 39 residential units. The reduced depth of the lot limits the site design and creates an extraordinary circumstance that is not applicable to other properties in the area and zone. 2. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The surrounding adjacent properties are mostly developed with multi-family residential development on R-3 zoned lots. Not allowing these three variances would prevent the property owner of the subject property to not enjoy the same rights as the neighboring properties in improving the site with a new multi-family residential project. According to Section 9710.04(c), the minimum vehicle back-up space is 30 feet. However, no other zone in the City of Downey, whether it is residentially or commercially zoned, requires more than a 25-foot wide driveway for 90-degree parking stalls. Staff believes that reducing the garage back-up space from 30 feet to 25 feet will still provide ample back-up space for resident’s vehicle to maneuver out of the garage safely. Allowing the 30 feet back-up space will also drastically affect the proposed design and number of the dwelling units proposed. The parking area landscaping provision (including the five-foot wide landscape planter) is an important component of a proposed project’s overall site design on a R-3 zoned property. Sections 9520(e)(5) and 9710.04(d) require landscaping so that it helps break up the large swaths Agenda Page 24 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 6 of concrete/asphalt associated with not only with the parking stalls, but the driveways themselves. The narrowing of the lot makes it difficult to provide the required landscaping without compromising the number of parking spaces, and thus compromising the number of proposed dwelling units. The guest parking area will be located adjacent to a five-foot wide landscape planter that will include a number of trees, and will provide shade to the parking area. Staff believes that reducing the number of units is not an ideal alternative, since the City’s Housing Element encourages home ownership opportunities in Downey. 3. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The project site is zoned R-3, but the existing lot dimensions prevents the applicant from providing the required garage back-up space, and required parking area landscaping and five-foot wide landscape planter. Overall, the lot dimensions prevent the applicant from fully maximizing the number of units allowed on a 1.66 acre lot, while complying with the R-3 development standards. Residential condominium projects are permitted use by right in the R-3 zoning, and these variances are necessary to have the project move forward. The project site is also situated between two existing multi-family zones, both developed with apartments; therefore; staff believes that the project would be highly unlikely to cause any compatibility issues with the neighboring uses. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. Due to the unique shape of the lot, the applicant would be unable to fully maximize the number of units he would be permitted to construct in the R-3 zone, which allows one dwelling unit for every 1,815 square feet of lot area. Based on a 1.66 acre sized lot, the applicant would be allowed to construct the proposed 39 units. The requirements for which the applicant is requesting a variance would significantly reduce the number of buildable dwelling units, below what the number that this lot would be able to accommodate. In staff’s opinion granting the three variances is in accordance with the goals and policies of the City’s General Plan. Staff believes that granting of the variances does not confer special privilege to the applicant. 5. That the granting of such variance will be in harmony and not adversely affect the General Plan of the City. The project site is presently zoned C-2 and has a General Plan land use designation of MDR, which encourages residential condominium development. The proposed zone change to R-3 would bring the subject site into compliance with the General Plan. Granting the variance requests would allow the applicant to develop the 1.66 acre lot to its fullest potential, providing the greatest number of housing units allowed on a 1.66 acre lot. As such, Staff believes that the proposed project is consistent with the General Plan, specifically supporting the goals, policies, and programs of both the land use and housing chapters. The project is with consistent with Goal 1.4 of the land use chapter, and supported by policies, which promotes not only harmonious residential development with surrounding neighborhoods (Policy 1.4.2), but also home ownership opportunities (Policy 1.4.3). In addition, the housing project will help achieve Goal 2 and Policy 2.2 of the City’s housing element, which encourages in- fill development and the recycling of land to provide adequate residential sites. 6. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the Agenda Page 25 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 7 land, building, or structure. The three variances requested by the applicant would allow the development of thirty-nine residential condos on a proposed R-3 lot. The construction of residential units for home ownership is highly supported by the City’s General Plan. Staff believes that losing any number of dwelling units to comply with the parking area landscaping and 30-foot back up space requirements is contradictory to the goals and objectives of the General Plan’s land use and Housing Element. SECTION 6. Based upon the findings set forth in Sections 1 through 6 of this resolution, the Planning Commission of the City of Downey hereby approves Tentative Tract Map No. 74254, Zone Change, Site Plan Review, and Variance (PLN-16-00122) subject to 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 7. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of September, 2016. Matias Flores, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 21st day of September, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 26 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 8 TENTATIVE TRACT MAP NO. 74254, ZONE CHANGE SITE PLAN REVIEW, AND VARIANCE (PLN-16-00122) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review, Variance and Tentative Tract Map No. 74254 (PLN-16-00122) allows for the construction of a of 39-unit residential condominium development, which also includes all parking areas, and accessary structures contained therein. This approval also allows a deviation to Municipal Code Section 9710.04(c) to allow a 25’ back-up space for the garages, Municipal Code Section 9520.4(e)(5) to eliminate the required landscape planter within the guest parking area, and Municipal Code Section 9710.04(d) to eliminate the required five percent required parking lot landscaping. 2) Site Plan Review, Zone Change, Variance and Tentative Tract Map No. 74254 (PLN-16- 00122) 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. Agenda Page 27 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 9 8) 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. 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 view. No HVAC equipment shall be located between the buildings and the public rights- of-way. 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. 15) All above grade back-flow preventers, check valves, and transformers shall be painted green and screened from view from the public right-of-way. 16) The maximum height of all accessory structures shall not exceed 12’. 17) All open parking spaces shall be limited to 72-hour parking only and be duly marked. Open parking spaces shall not be assigned. 18) 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. Additionally, the CC&R’s shall require the following: a) Require all garages be maintained in a manner to accommodate two vehicles at all times; b) Require all guest parking spaces be duly marked and not assigned to the residents; c) Shall prohibit parking anywhere on the site, except in the garages and marked guest parking spaces; d) Storage of trash cans shall be maintained within the designated area of the garage. Agenda Page 28 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 10 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. 19) 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. 20) 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. 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) The transformer shall wrapped in a screen print to mimic landscaping. The final design and the wrap shall be approved by the City Planner prior to installation. 23) All units shall be photovoltaic ready. Installation of the photovoltaic system shall be made an option to new buyers at the time of sale, to the satisfaction of the City Planner. 24) The garages shall be electric vehicle charger ready. This shall include providing conduit for future electrical wire to electric vehicle charges within the garage, to the satisfaction of the City Planner. 25) The south and west property line shall have a 6’ decorative block or stucco wall. The wall shall have a stone or a rolled stucco cap. Prior to the construction of the wall, the applicant shall obtain City Planner approval of the color, style and type of the materials used. BUILDING 26) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 27) 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 28) All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. 29) An automatic residential fire sprinkler system shall be installed. All fire protection systems require City of Downey Building and Safety or Fire Department permits. 30) Installation of approved fire extinguishing system in accordance with DMC Section 3319. 2013 CFC, and applicable NFPA standards. A separate plans and permit shall be obtained for the residential fire sprinkler system. 31) Fire lanes shall be posted in accordance with the CFC and the California Vehicle Code (C.V.C.), Section 22500.1 which requires: A sign, citing C.V.C. 22500.1, posted Agenda Page 29 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 11 immediately adjacent to, and visible form, the designated place clearly stating that the place is a fire lane; Outlining or painting the place in red and, in contrasting color, marking the place with the words “FIRE LANE” which are visible from the vehicle, OR by a red curb or red paint on the edge of the roadway which is clearly marked by the words “FIRE LANE”. The required width of a fire lane shall not be obstructed in any manner, including stopping or parking of vehicles. Entrances to fire lanes which have been close with gates or barriers, approved by the Fire Department shall not be obstructed. The minimum Fire lane or Fire Access road requirements shall be no less than 20-feet unobstructed. 32) Each residential unit shall have approved addressing affixed to the unit, per California Fire Code 505. 33) Fire hyrants (public and private) shall be installed in accordance with DMC and CFC 2013. a) Additional public hydrants may be required depending upon required fire flows, street width, center dividers or other physical barriers, existing or anticipated traffic volume. b) On-site “private hydrants” shall be required in accordance with DMC and CFC 2013. Separate fire water connection with FDC shall be installed. 34) The applicant shall install a Knox® Rapid Entry System: key switch for gate entry. The Knox® Box’s shall be mounted at a height not greater than 10-feet for protruding boxes or six (6) feet for flush mounted boxes. All gated entrance (pedestrian/auto) shall be provided with a “Knox® Access” system approved by the Fire Department. PUBLIC WORKS 35) 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. 36) Install LED street lights with full-cutoff fixture optics on new City standards with underground service. Provide a site plan showing the location of the existing streetlights. 37) The owner / applicant shall prepare and submit a traffic impact analysis study to the satisfaction of the City Traffic Engineer, who shall define the specific requirements of the Study. The owner / applicant shall be responsible for any improvements required to mitigate traffic impacts created by the project as identified by the study and / or financially contribute a fair share toward the cost of constructing capital improvement(s), not considered part of the frontage of the project site, necessary to offset all or a portion of the project traffic impacts. 38) Access to the project shall be restricted to right-turn in and right-turn out movement only at Telegraph Road frontage. 39) The applicant shall construct the following roadway improvements: Agenda Page 30 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 12 a) Installation of street lights; b) Potable water improvements; c) Installation of street trees. 40) Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction and City of Downey standards. 41) The applicant shall obtain permits form Public Works Department for all public improvements within the public right of way. 42) The applicant shall 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. 43) The applicant shall submit public improvement plan(s) for review and approval by Public Works Department. 44) The applicant shall submit an engineered grading plan and/or hydraulic calculations and site drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. 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; (for alley dedications, show elevations of the four corners of the dedication and centerline of alley, existing and proposed underground utility connections); the location, depth and dimensions of potable water, reclaimed water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building, and its disposition. 45) All unused driveways shall be removed and constructed with full-height curb gutter, and sidewalk. 46) The applicant shall construct onsite pavement, consisting of a minimum section of 4” thick aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement. 47) The applicant shall 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). 48) The applicant shall remove all construction graffiti created as part of this project within the public-right-of-way in a timely manner. 49) 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 Agenda Page 31 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 13 of sewers shall be to the standards of the City Engineering Division. Septic systems are not acceptable. 50) 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: a) Vehicular easements; b) Walkway easements; c) Drainage easements; d) Utility easements. 51) 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 pay all fees associated with the future alley vacation. 53) Proposed wall on the south side of the development will directly impact residential home’s gate access. 54) Southern California Edison utility poles along the south side of the proposed development will need to be relocated or undergrounded to accommodate driveway access and pool location. 55) The owner/applicant shall furnish and install a new (minimum 1-inch) dedicated potable water service line, meter, and meter box for each unit. 56) 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. 57) 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. 58) The owner/applicant shall furnish and install a fire hydrant along Telegraph Road westerly property line and dedicated fire protection lateral 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/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. 59) 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. Agenda Page 32 Resolution No. ___________ Downey Planning Commission 7940 Telegraph Road– PLN-16-00122 September 21, 2016 - Page 14 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. 60) 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. 61) 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). 62) 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. 63) 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. 64) The owner/applicant shall obtain all necessary plan approvals and permits. 65) 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. 66) 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. 67) All public utilities servicing the site shall be installed underground. Agenda Page 33