HomeMy WebLinkAbout3. PLN-14-00210 and PLN-16-00196STAFF 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: WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-14-00210 (GENERAL PLAN AMENDMENT AND ZONE
CHANGE) REGARDING A PROPOSAL TO:
1. CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF
THE SOUTHERLY HALF OF THE PLANNING AREA (DEFINED
AS 9525-9601 FIRESTONE BOULEVARD, 11016-11100
PANGBORN AVENUE, AND 11017-11121 NEWVILLE AVENUE),
FROM GENERAL COMMERCIAL (GC) TO MEDIUM-DENSITY
RESIDENTIAL (MDR)
2. CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF
9601 FIRESTONE BOULEVARD FROM GENERAL
COMMERCIAL (GC) TO NEIGHBORHOOD COMMERCIAL (NC)
3. TO REZONE THE PLANNING AREA FROM NEIGHBORHOOD
COMMERCIAL (C-1) AND PARKING BUFFER (P-B) TO
MULTIPLE- FAMILY RESIDENTIAL (R-3), EXCLUDING THE
PARKING BUFFER (P-B) PORTION OF 9601 FIRESTONE
BOULEVARD, WHICH WOULD REZONE TO C-1
AND
PLN-16-00196 (TENTATIVE TRACT MAP NO. 74567 AND SITE
PLAN REVIEW) REGARDING A PROPOSALTO SUBDIVIDE 9553
FIRESTONE INTO 24 CONDOMINIUMS AND A PRIVATE
DRIVEWAY, AND SITE PLAN REVIEW OF THE CONDOMINIUM
PROJECT; AND ADOPT A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT
LOCATION: 9525-9601 FIRESTONE BOULEVARD, 11016-11100 PANGBORN AVE,
AND 11017-11121 NEWVILLE AVENUE
ZONING: C-1 (NEIGHBORHOOD COMMERCIAL) AND P-B (PARKING BUFFER)
PC Agenda Page 1
REPORT SUMMARY
PLN-14-00210 is a proposal to change the General Plan designations and to rezone
properties located on the north side of Firestone Boulevard, between Pangborn Avenue and
Newville Avenue. These properties are zoned Neighborhood Commercial (C-1) and Parking
Buffer (P-B), and their General Plan label is General Commercial. Commercial and multiple-
family residential developments comprise the subject site; however, not all of these uses
coincide with their current zoning due to changes to the Downey Zoning Code that made
them nonconforming uses, and because of the long standing zone exceptions given to many
of them. These differences between zoning classification and the actual uses on these
properties were not considered problematic until the owner of one of these properties wished
to redevelop his land into something comparable to other adjacent uses in the area. His plans
are impacted by the land use designations and General Plan/Zoning Ordinance
inconsistencies affecting the subject area.
The applicant has spent several years attempting to resolve this matter by presenting his
case to staff, the Planning Commission and the City Council. In response to the owner’s
urging, the Council directed staff to study the area and develop alternatives for them to
consider. Staff examined the land use issues surrounding the property in question, 9553
Firestone, and developed options with respect to a future course of action. As part of its
analysis, staff also included the neighboring properties because they face the same issues as
those of the project proponent. Staff presented this study to the City Council July 9, 2013.
After considering the options, the Council determined that the option to change the block’s
zoning and General Plan classifications to reflect its existing land uses was their preference.
They directed staff to put these changes into action.
In anticipation of the City’s approval of the General Plan amendment and zone
change, the owner of 9553 Firestone has requested the Planning Commission’s
approval of PLN-16-00196 regarding a 24-unit condominium project he has proposed
for the site. This proposal involves a tentative tract map and site plan review. The
environmental and engineering firm DUDEK prepared a Mitigated Negative
Declaration to assess the potential environmental effects of the General Plan
amendment, zone change, and the proposed condominium development.
Staff recommends that the Planning Commission adopt the following resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE PLN-14-
00210 (GENERAL PLAN AMENDMENT AND ZONE CHANGE)
REGARDING A PROPOSAL TO CHANGE THE GENERAL PLAN LAND
USE DESIGNATION OF THE SOUTHERLY HALF OF THE PLANNING
AREA (DEFINED AS 9525-9601 FIRESTONE BOULEVARD, 11016-11100
PANGBORN AVENUE, AND 11017-11121 NEWVILLE AVENUE), FROM
GENERAL COMMERCIAL (GC) TO MEDIUM-DENSITY RESIDENTIAL
(MDR), EXCLUDING 9601 FIRESTONE BOULEVARD, WHICH WOULD
CHANGE FROM GENERAL COMMERCIAL (GC) TO NEIGHBORHOOD
COMMERCIAL (NC); TO REZONE THE PLANNING AREA FROM
NEIGHBORHOOD COMMERCIAL (C-1) AND PARKING BUFFER (P-B) TO
MULTIPLE- FAMILY RESIDENTIAL (R-3), EXCLUDING THE PARKING
BUFFER (P-B) PORTION OF 9601 FIRESTONE BOULEVARD, WHICH
WOULD REZONE TO C-1
PC Agenda Page 2
AND
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-16-00196 (TENTATIVE TRACT MAP
NO.74567 AND SITE PLAN REVIEW) REGARDING A TENTATIVE TRACT
MAP THEREBY ALLOWING THE SUBDIVISION OF PROPERTY AT 9553
FIRESTONE INTO 24 CONDOMINIUMS AND A PRIVATE DRIVEWAY;
SITE PLAN REVIEW OF THE CONDOMINIUM PROJECT; AND ADOPTING
A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
BACKGROUND
The owner of the parcel at 9553 Firestone Boulevard wants to redevelop the property, but is
stymied by its dual land use designations and General Plan/Zoning Ordinance
inconsistencies. He’s proposing to develop a multi-family residential project, but the
property’s dual General Plan designations instead mandate two different uses on the same
parcel: a commercial activity in the front half and a multi-family residential project in the rear.
The owner, however, believes that a commercial use in front is financially infeasible and
wants the City to change the property’s existing General Plan composition and underlying
zoning. The Applicant’s property is located on the north side of Firestone Boulevard,
between Newville Avenue and Pangborn Avenue. This parcel contains about 48,232 square
feet of land, with 100.21 feet of street frontage and approximately 481.31 feet depth. The
property’s improvements consist of eight (8) 1-story, detached nonconforming rental units
(small houses) that were built in the 1940s.
Planning Area Description
The Applicant’s property, 9553 Firestone Boulevard, is at the center of the planning area that
is the subject of PLN 14-00210. The planning area consists of apartment complexes (9525-
9545 Firestone, 11026-11100 Pangborn, and and11017-11121 Newville Avenue), detached
rental units (11016-11100 Pangborn Avenue and 9553 Firestone), a motel (9565 Firestone)
and a retail center (9601 Firestone). The Rustic Villa, a two-story, 18-unit complex at 9525
Firestone Boulevard, was built in 1962 after the Planning Commission approved Zone
Exception Case No. 257. This decision permitted the development of the multi-family
complex as a deviation from the property’s C-1 and P-B zoning (both classifications are still in
effect today). The two-story, apartment buildings just east of the Rustic Villa (9539 and 9545
Firestone) share these characteristics: both are zoned C-1 and P- B and the Planning
Commission adopted zone exception cases that permitted them to be developed from the
underlying commercial zoning.
Inconsistencies between the General Plan designations, zoning, and existing land uses in the
planning area have affected the Applicant’s ability to redevelop 9553 Firestone into a viable
project. The northerly half of the site is designated Medium Density Residential (MDR) on the
General Plan Map, but it is zoned Parking Buffer (P-B) as indicated on the Zoning Map. The
Multiple-Family Residential (R-3) zone is the zoning district that conforms to the MDR
designation; whereas the P-B zone was dropped from the Zoning Ordinance when it was
updated in 2008 (the City’s building setback standards provide an adequate buffer between
uses so the provisions in the P-B zone were considered redundant). Therefore; in absence
of the P-B zone, the upper portion of property is essentially undevelopable until it is rezoned.
The southerly half of the planning area maintains the General Commercial General Plan
designation, but it is dual-zoned: C-1 (Neighborhood Commercial) and P-B (see Attachment
PC Agenda Page 3
A). The C-2 zone (General Commercial), however, is the classification that conforms to the
General Commercial designation. These General Plan/Zoning Ordinance inconsistencies
also apply to the neighboring properties that make up the block bounded by Firestone on the
south, Newville and Pangborn Avenues on the east and west, respectively and the
residences on the south side of Ardine Street, hereinafter the planning area. Two properties
within this block are not included in the planning area: 9511 Firestone Boulevard and 11104
Pangborn Avenue. Earlier this year, the Planning Commission and City Council approved a
General Plan amendment and zone change for these properties to facilitate the development
of a Jack in the Box restaurant with a drive through lane at the northeast corner of Firestone
Boulevard and Pangborn Avenue.
AERIAL PHOTOGRAPH
RIO
SAN
GABRIEL
PARK
PLANNING
AREA
9553
FIRESTONE
PC Agenda Page 4
PLANNING AREA
Surrounding Land Uses
A shuttered carpet store at 9511 Firestone Boulevard, occupies the northeast corner of
Pangborn Avenue and Firestone Boulevard. Immediately north of this parcel is a single-family
residence with a detached garage that occupies 11104 Pangborn Avenue. These properties
will be consolidated into one legal parcel and will eventually become a Jack in the Box
restaurant. Pangborn Avenue developments west of the Planning Area include a McDonald’s
drive-through restaurant, a private Christian elementary school and single-family residences.
These residences are part of an extensive single-family neighborhood that also borders the
north side of the Planning area with homes on Ardine Street. It extends as far north as
Florence Avenue and is sandwiched between Woodruff Avenue and the City’s easterly
boundary. Newville Avenue developments east of the Planning Area include Downey Dodge
dealership and apartment complexes. Properties on Firestone Boulevard, south of the
Planning Area support a variety of uses; including a car wash, an office building, and retail
stores. Rio San Gabriel Park exists northeast of the Planning Area. Surrounding Land Uses
A shuttered carpet store at 9511 Firestone Boulevard, occupies the northeast corner of
Pangborn Avenue and Firestone Boulevard. Immediately north of this parcel is a single-family
residence with a detached garage that occupies 11104 Pangborn Avenue. These properties
will be consolidated into one legal parcel and will eventually become a Jack in the Box
restaurant. Pangborn Avenue developments west of the Planning Area include a McDonald’s
drive-through restaurant, a private Christian elementary school and single-family residences.
These residences are part of an extensive single-family neighborhood that also borders the
north side of the Planning area with homes on Ardine Street. It extends as far north as
Florence Avenue and is sandwiched between Woodruff Avenue and the City’s easterly
boundary. Newville Avenue developments east of the Planning Area include Downey Dodge
PC Agenda Page 5
dealership and apartment complexes. Properties on Firestone Boulevard, south of the
Planning Area support a variety of uses; including a car wash, an office building, and retail
stores. Rio San Gabriel Park exists northeast of the Planning Area.
GENERAL PLAN MAP
ZONING MAP
GC
MDR
PC Agenda Page 6
DISCUSSION
In the last eleven years, the City has processed three planning actions involving properties
within the planning area. They include: the comprehensive General Plan Update and a zone
change application, both in 2005, and another zone change application in 2006. Each is
briefly discussed below:
2005 General Plan Update.
Before the General Plan Update, the entire block of Firestone Boulevard between Pangborn
Avenue and Newville Avenue was designated General Commercial. In January, 2005, as part
of the General Plan Update, the City Council re-designated the northerly half of the block to
Medium Density Residential, due in large part to the owner at 9553 Firestone wanting to
develop retail use on the front half of his property and apartments or condominiums on the
rear (northerly) half.
Zone Change No. 05-67
In October, 2005, the owner of 9553 Firestone filed Zone Change No. 05-67 with the purpose
of expanding the property’s residential designation. Recalling the General Plan Update
divided the property evenly: the front (southerly) half was retained as General Commercial,
while the rear half was re-designated to Medium Density Residential (MDR). Under the zone
change application, the owner wanted to push the property’s General Plan boundary
southward in order to increase the Medium-Density (MDR) portion of the lot to 75%, while
reducing the General Commercial part to 25%. When translated into square footage, the part
designated residential would total 36,472 square feet, while the commercial portion would
measure 12,157 square feet.
According to the applicant, developing the property in accordance with the existing General
Plan pattern was not economically viable: it’s unsuitable for commercial development due to
the property’s long and narrow configuration. Instead, he wanted to increase the size of the
residential portion, which would allow for the development of more dwelling units. The City
Council, however, denied the application, noting that the property fronted on Firestone
Boulevard, the City’s principal commercial corridor.
Zone Change No. 06-140
The owners of the property at 11016-11020 Pangborn Avenue, requested to rezone the
20,000 square foot parcel from P-B to R-3-O (Medium Density Multiple-Family Residential
Ownership). This site is part of the planning area and it likewise was re-designated from
General Commercial to Medium-Density Residential in 2005 as part of the General Plan
Update. Improvements on the property consist of three detached, single-family dwellings,
built in the early 1950s that range in size from 624 to 1,390 square feet.
The applicant filed the request to replace the dwellings with a townhome condominium
project. Under the requested R-3-O density standard, a maximum of 11 units could be built,
but eight is more likely when development standards are taken into account.
During the application’s City Council hearing, neighboring residents, as well as City Council
members voiced concerns about the project’s potential parking and traffic impacts.
According to testimony, streets serving the project site (Pangborn and Ardine) were already
congested and it was thought that adding more units would exacerbate conditions.
PC Agenda Page 7
A second concern was the General Plan/Zoning Ordinance inconsistency that applied to both
the zone change site and neighboring properties. City Council members stressed the need
to address the inconsistency issue in a comprehensive manner, rather than considering each
property individually. In the end, the City Council denied the application without prejudice
and directed staff to return with options for the entire block with the goal in mind of attaining
General Plan/Zoning Ordinance conformity.
Zone Exception Cases
Another factor worth noting involves the apartment complexes that occupy most of the
properties on Firestone Boulevard in the planning area. Despite the area’s commercial land
use classifications and Firestone Boulevard location, apartment complexes are the most
prevalent land use. Residential uses occupy 15 of the block’s 18 properties, with the three
largest complexes fronting on Firestone; one contains 20 units, while the others have 30 units
each. Although these apartments are inconsistent with the block’s underlying commercial
land use classifications, they were permitted by zone exception permits. A zone exception is
a permanent entitlement that does not sunset. In contrast, the dwellings at 9553 Firestone
are the only residences in the area developed without a zone exception permit, hence their
nonconforming status. Moreover, these apartment complexes appear to be viable uses and
are likely to remain, especially when considering the financial return they most likely
generate.
ANALYSIS
All these properties in the planning area are dealing with the same issues of General
Plan/Zoning Ordinance inconsistency and dual land use classifications, which have the effect
of hindering re-development of the planning Area. The owner of 9553 Firestone spent several
years attempting to resolve this matter by presenting his case to staff, the Planning
Commission and the City Council. In response to the owner’s urging, the City Council
directed staff to study the planning area and develop alternatives for them to consider. Staff
examined the land use issues surrounding 9553 Firestone, and developed options with
respect to a future course of action. Staff presented this study to the City Council on July 9,
2013. After considering the options and the previous actions, the Council determined that the
option to change the block’s zoning and General Plan classifications to reflect its existing
land uses was their preference. They recognized that multi-family developments occupy most
of the properties (15 of the 18 properties) in the planning area, with the exceptions being a
dental office and a motel at the east end of the block and adjacent to the northwest corner of
Firestone and Newville. The Council reasoned that it makes sense to change the
classifications of properties that support residential uses to R-3 and to change zoning of the
southerly half of the block to Medium Density Residential since the northerly half is already
designated MDR. Other benefits of this change are that the classifications would reflect the
approvals permitted by the zone exception cases and rezoning commercial properties to a
Neighborhood Commercial (C-1) classification best reflects the occupying uses.
The Council directed staff to initiate a General Plan Amendment and a zone change to
change the General Plan designations and to rezone properties in the planning area, to
accomplish the following objectives:
a. Resolve the General Plan and zoning ordinance inconsistencies in the planning area;
PC Agenda Page 8
b. Consolidate General Plan land use designations and zoning classifications on
properties with dual designations and or zoning classifications;
c. Update the General Plan land use designations to reflect each property’s current land
use; and
d. Update zoning classifications on properties with outdated zoning.
General Plan Amendment
PLN-14-00210 proposes to change the General Plan designation of the southerly half of the
planning area from General Commercial (GC) to Medium Density Residential (MDR). The
requested MDR classification matches the General Plan land use designation of the northerly
portion of the planning area, which the City changed in 2005 as part of the General Plan
update. In addition to the requested MDR land use designation, PLN-14-00210 proposes to
change the General Plan land use category of the southeastern corner of the property from
GC (General Commercial) to NC (Neighborhood Commercial.
Zone Change
The planning area currently maintains two zoning classifications: Neighborhood Commercial
(C-1) and Parking Buffer (P-B). Since 2005, the Downey Zoning Code no longer references
the P-B zone. The zone classification was removed because the Council considered it
redundant since the developments standards of the City’s residential and non-residential
zones provide the same safeguards as the former P-B zone. PLN-14-00210 proposes to
change the zoning of the planning area from P-B and C-1 to Multiple-Family Residential (R-
3), excluding the P-B portion of 9601 Firestone Boulevard, which would rezone to C-1.
_________________________________________________________________________
In anticipation of a favorable outcome for the General Plan amendment and change of zone
under consideration for the planning area, the owner of 9553 Firestone has requested the
Planning Commission’s approval of PLN-16-00196 regarding the proposed 24-unit
condominium project. This proposal involves a tentative tract map and site plan review.
Tentative Map
Tentative Map No. 74567 proposes to subdivide the 48,232 square foot, rectangular-shaped
lot for condominium purposes. The subject site measures approximately 100.21 feet in width
and 482.27 feet in depth. It provides 24 condominium units, twelve on each side of a private
driveway down the center of the property, extending from the front of the site at Firestone
Boulevard to the rear. The private driveway also serves as a fire lane. It provides a
“hammerhead” fire truck turnaround area at the northerly end of the private driveway and
maintains a 26’-0” wide aisle width for access to the units and for fire truck access.
Site Plan Review
Section 9820 of the Code discusses the intent and purpose of site plan review, which is to
provide a streamlined administrative review process for verifying a project’s compliance with
the requisite development, design, and use standards, while assuring interested parties that
PC Agenda Page 9
propose uses, structures, designs, and site improvements comply with the provisions of the
Code before preparation of plans for building permits.
a. Architecture
PLN-16-00196 proposes 24 units in a dual-townhouse design, with five building styles
(Unit 1, Unit 2, Unit 3, Unit 4, and Unit 5, and reverse floor plans of each) and 12
separate buildings. Each unit will feature a two-car garage, with direct access to a
private garden area at the rear. The two-unit will be three stories tall and contain
approximately 4,400 square feet of floor area comprised of three bedrooms, and 2.5
baths per unit. The lower level garage is finished with storage and laundry areas. The
primary entrance to the units is gained via a stairwell extending from the front door
(separate from the garage that leads to the upper levels of the house. The 2nd Floor is
the main level of each unit. Each contains a generous kitchen, dining room and living
room areas. The top level contains three bedrooms including a Master bedroom.
The proposed architectural style of the condominiums conveys a New England motif
combined with elements of California Craftsman detailing. Strong exterior coloring
coupled with the liberal use of siding materials (Hardie Board: “Ship-Lap” planks,
Vertical T-111, and board and batten; and river rock-natural stream stone) are intended
to give the complex a warm feeling. Concrete tile roofing materials that mimic wood
shingles will be used on the “hip roof” of each building. In addition to the siding
materials, the Craftsman influence is expressed by tapered square columns on the
second floor balconies that support the top floor above. These units also feature wood
entry doors, wood shutters on front elevation windows, wood railing at the balconies,
and wood garage doors. The two units closest to Firestone Boulevard (2F and 3F)
utilized many of these accents to enhance the “street appeal” of the units.
9553 FIRESTONE BOULEVARD - SITE PHOTOGRAPH
PC Agenda Page 10
RENDERING
DWELLING UNIT FLOOR AREA
Type 1st Floor 2nd Floor 3rd Floor
(+ Balcony) Total
1 637 sq. ft. 725 sq. ft. 834 sq. ft. 2,196 sq. ft.
2 637 sq. ft. 725 sq. ft. 834 sq. ft. 2,196 sq. ft.
3 637 sq. ft. 725 sq. ft. 837 sq. ft. 2,199 sq. ft.
4 637 sq. ft. 725 sq. ft. 837 sq. ft. 2,199 sq. ft.
5 637 sq. ft. 725 sq. ft. 834 sq. ft. 2,196 sq. ft.
EXTERIOR BUILDING COLORS
Building Trim Siding Doors
1 SW 7006
“Extra White”
SW 7507
”Stone Lion”
SW 7057
“Silver Strand”
2 SW 7006
“Extra White”
SW 6866
“Heartthrob”
SW 7507
“Stone Lion”
3 SW 7513
“Sanderling”
SW 7604
“Smoky Blue”
SW 7570
“Egret White”
4 SW 0046
“White Hyacinth”
SW 7513
“Sanderling”
SW 7570
“Egret White”
5 SW 7006
“Extra White”
SW 7507
“Stone Lion”
SW 7057
“Silver Strand”
PC Agenda Page 11
b. Landscaping
PLN-16-00196 proposes a variety of plants to create visual interest for the proposed
project. The following Table identifies these plant materials:
Botanical Name Common Name Size
Lagerstroemia Indica Crape Myrtle 36’ Box
Trees Geijera Parvifolia Australian Willow 24” Box
Cupaniopsis
Anacardioides
Carrotwood 24” Box
Prunus C.
‘Krauter Vesuvius’ Flowering Plum 24” Box
Podocarpus Gracilor Fern Pine 15 Gallon
Agave Attentua Foxtail Agave 5 Gallon
Dietes Vegeta Fortnight Lilly 5 Gallon
Elaegnus Pungens Silverberry 5 Gallon
Hemerocallis Orange Orange Daylilly 1 Gallon
Shrubs Nassella Tenuissma Mexican Feather
Grass 5 Gallon
Phorium T. Surfer Surfer
New Zealand Flax 5 Gallon
Raphiolepis Indica
‘Clara’ India Hawthorne 1 Gallon
Festuca O. Glauca Blue Fescue 1 Gallon
Rosmarinus O.
Prostratus Prostrate Rosemary Flats
Ground Cover Senecio
Mandralaliscae Blue Finger Flats
Trachelospermum
Jasinoides Star Jasmine Flats/
12” o.c.
Marathon II- Seed Turf Seed
Ficus Repens Creeping Fig 5 Gallon
PC Agenda Page 12
GALLERY OF PLANTS
Crape Myrtle Australian Willow Carrotwood
Flowering Plum Fern Pine Foxtail Agave
Elaegnus Pungens Fortnight Lilly Mexican Feather Grass
Orange Daylilly Surfer New Zealand Flax India Hawthorne
PC Agenda Page 13
Blue Fescue Prostrate Rosemary
Blue Finger Star Jasmine
Marathon II (Turf) Creeping Fig
PC Agenda Page 14
c. Circulation
Firestone Boulevard is a Major Arterial that provides vehicular access to the subject
site. The plan calls for a 26’-0” wide private driveway to run down the center of the
property, extending from the front of the site to the rear. The private driveway also
serves as a fire lane. It provides a “hammerhead” fire truck turnaround area at the north
end of the subject property. Lot 14 and maintains the minimum aisle width required for
fire truck access throughout (20’-0”). The plan features 12 guest parking spaces: two
between Building “A” and Building “B” near the front of the site, two parking spaces
between Building “H” and Building “J” and Building “H” and seven spaces at the
northerly end of the site adjacent to the fire truck turnaround area. Each unit features a
two-car garage. Overall, on-site circulation should be safe and efficient.
FINDINGS
General Plan Amendment
Subsection 9834.08 of the Code provides that the Council shall make the following findings to
approve an amendment to the General Plan:
(a) Consistency. That the proposed General Plan Amendment is consistent with all
other goals, policies, programs, and land uses of applicable elements of the General
Plan.
The Applicant is requesting approval of a General Plan Amendment to change the
land use designation on the property from LDR to MDR. Doing so makes the zone
change and the land use designations of the General Plan consistent, because
project implementation addresses General Plan policies regarding future population
growth (Policy 1.1.2), promoting residential construction that compliments existing
neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3).
(b) Adverse Effects. That the proposed General Plan Amendment will not adversely
affect surrounding properties or the surrounding environment.
The planning area consists of apartment complexes (9525-9545 Firestone, 11026-
11100 Pangborn, and and11017-11121 Newville Avenue), detached rental units
(11016-11100 Pangborn Avenue and 9553 Firestone), a motel (9565 Firestone) and a
retail center (9601 Firestone). The proposed General Plan Amendment will make
possible the future development of these properties for purposes that are consistent
with the current use of the land, and will not adversely affect surrounding properties or
the surrounding environment.
(c) Public Health, Safety and Welfare. That the proposed General Plan Amendment
promotes the public health, safety, and general welfare and serves the goals and
purposes of this article.
Section 9312.02 (a) of the Downey Municipal Code describes the intent and purpose
of the City’s residential zone regulations. The proposed General Plan Amendment
promotes these goals by contributing to the variety of housing types in the City and by
PC Agenda Page 15
contributing to the broad range of housing types available in the City. The General
Plan Amendment designates land (the subject property) to accommodate such
housing needs, and it maintains the scale of housing in the general vicinity. The
proposed General Plan Amendment facilitates adequate light, air, and open space for
each dwelling of the proposed project and protects the surrounding neighborhood
from incompatible land uses. As a result, the proposed General Plan Amendment
promotes the public health, safety, and general welfare and serves the goals and
purposes of the Zoning Code.
(d) Conflicts. That the proposed General Plan Amendment will not conflict with
provisions of this article, including the City’s subdivision ordinance.
The proposed General Plan Amendment would change the land use designation of
the southerly half of the planning area from General Commercial (GC) to Medium
Density Residential. The requested MDR classification matches the General Plan
land use designation of the northerly portion of the planning area, which the City
changed in 2005 as part of the General Plan update. Project implementation
addresses General Plan policies regarding future population growth (Policy 1.1.2),
promoting residential construction that compliments existing neighborhoods (Policy
1.4.2), and home ownership (Policy 1.4.3). Therefore, the proposed General Plan
Amendment will not conflict with provisions of the Zoning Code.
GENERAL PLAN (EXISTING)
PLANNING
AREA
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GENERAL PLAN (PROPOSED)
Zone Change
Section 9830.06 of the Code states that the Commission, prior to making written
recommendations to the Council and the Council prior to approving a Zone Change shall
make all of the following findings:
(a) That the zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this chapter
and is in the interests or furtherance of the public health, safety, and general
welfare;
The Applicant’s proposal to change the zoning of the planning area subject site from
P-B and C-1 to Multiple-Family Residential (R-3), excluding the P-B portion of 9601
Firestone Boulevard, which would rezone to C-1, addresses General Plan policies
regarding future population growth (Policy 1.1.2), promoting residential construction
that compliments existing neighborhoods (Policy 1.4.2), and home ownership (Policy
1.4.3). The opportunity for new home ownership is in the interest of furthering the
public health, safety and general welfare.
(b) That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area;
The proposed change of zoning will be compatible to existing conditions because
multi-family developments occupy most of the properties in the planning area, with the
exceptions being a dental office and a motel at the east end of the block and adjacent
PLANNING
AREA
PC Agenda Page 17
to the northwest corner of Firestone and Newville. It makes sense to change the
classifications of properties that support residential uses to R-3 and to change zoning
of the southerly half of the block to Medium Density Residential since the northerly
half is already designated MDR. The zone change would also reflect the approvals
permitted by the zone exception cases affecting some of the residentially-developed
properties in the planning area. Rezoning commercial properties to a Neighborhood
Commercial (C-1) classification best reflects those occupying uses as well.
(c) That the site is adequate in size to accommodate the uses permitted in the zone
requested and that all applicable property development standards can be
complied with;
The Planning area under consideration is more than adequate in size to successfully
accommodate the permitted uses and development standards of the requested R-3
zone, because the majority of properties within this area are developed with multiple-
family residential uses already.
(d) That the site properly relates to streets and highways designed and fully
improved to carry the type and quantity of traffic that is expected to be
generated in the area and that utilities exist or are planned which will
adequately serve the property as rezoned; and
Firestone Boulevard is a Major Arterial that provides vehicular access to the planning
area. It has is fully improved and capable of carrying the type and quantity of traffic a
proposed 24-unit condominiums will generate. Firestone Boulevard has six travel
lanes, three in each direction and separated by a raised median. The Traffic
Technical Review Memorandum prepared in association with the DUDEK Mitigated
Negative Declaration for PLN-14-00210 summarized that there is virtually no
probability that future development within the planning area would result in any
significant impact to the surrounding circulation system, due to the nominal levels of
service (LOS) at the intersections near the planning area.
(e) That the proposed zone change is in general conformance with the General
Plan and General Plan land use designation for the parcel.
The proposed change of zoning on the site is in general conformance with the
General Plan and General Plan land use designation for the parcel. Program 1.3.1.5
of Downey Vision 2025, the Downey General Plan directs the City to encourage land
uses consistent with the area’s designation as properties recycle. The subject
property is zoned C-1 (Neighborhood Commercial) and P-B (Parking Buffer). PLN-14-
00210 proposes to change the General Plan designation of the southerly half of the
project site from General Commercial (GC) to Medium Density Residential (MDR).
The requested MDR classification matches the General Plan land use designation of
the northerly portion of the project site, which the City changed in 2005 as part of the
General Plan update.
PC Agenda Page 18
ZONING MAP (CURRENT)
ZONING MAP (PROPOSED)
PLANNING
AREA
PLANNING
AREA
PC Agenda Page 19
Tentative Tract Map 74567
Subsection 66474 of the Subdivision Map Act stipulates that a legislative body of a city shall
make the following findings to approve a tentative map:
1. That the proposed map is consistent with applicable general and specific plans.
The City of Downey Housing Element has adopted policies to provide adequate sites
and zoning to encourage and facilitate a range of housing to address the regional fair
share allocation (Policy 2.1) and encourage infill development and recycling of land to
provide adequate residential sites (Policy2.2). Approval of the Tentative Tract Map
74567 will result in an increase to the City’s housing inventory; consequently,
approval of Tentative Tract Map 74567 is consistent with the goals, policies,
programs, and land uses of applicable elements of the General Plan.
2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Program 1.3.1.5 of Downey Vision 2025, the Downey General Plan directs the City to
encourage land uses consistent with the area’s designation as properties recycle. The
subject property is zoned C-1(Neighborhood Commercial) and P-B (Parking Buffer). A
zone change is under consideration that would change the zoning to R-3 (Medium-
Density Residential), which provides for the development of multiple-family residential
living areas. The proposed project meets this requirement as it seeks to subdivide the
subject property for twenty-four (24) condominiums. Said dwelling units will embellish
the residential character of the area. The proposed development will also be within
the maximum density permitted by the General Plan and the Downey Zoning Code.
3. That the site is physically suitable for the type and density of development.
The subject site contains approximately 48,232 square feet of land (1.11 acres),
which is sufficient area to subdivide the site for condominium purposes and comply
with the standards for residential development as required by Section 9312.08 of the
Downey Municipal Code for properties in the R-3 zone. The 24 condominiums
Tentative Tract Map 74567 proposes, will meet all development standards for the
zone.
4. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of this project has been carefully laid out to avoid conditions that could
result is serious public health problems. The Mitigated Negative Declaration of
Environmental Impacts addresses the environmental issues and determined no
significant impacts will occur because of project implementation.
5. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
Three easements encumber the site: a Public Road and Highway easement traverses
the site frontage along Firestone Boulevard and two (2) easements for utility
Poles run parallel to the west property line and within the northerly half of the site.
PC Agenda Page 20
The design of the project will not conflict with these easements because the six foot
(6’) wide utility easements coincide with the setbacks of the proposed buildings. The
site improvements will not conflict with the Public Road and Highway easement
because the City of Downey completed street improvements on Firestone Boulevard
recently that included curb and gutter and utilities within the right of way in front the
subject site. Nevertheless, the City has added a condition of approval that requires
the Applicant to dedicate four feet (4‘) for right-of-way purposes along Firestone
Boulevard frontage of the site to reflect that the utilities exist there.
6. That the design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage or substantially and avoidably
injure wildlife or their habitat.
The subject property, 9553 Firestone Boulevard, exists in an area that is comprised of
apartment complexes, detached rental units, a motel, and a small retail center. Other
properties in the vicinity consist of a vacant store, single-family residences, and an
automobile dealership to the east, fast food restaurants (existing and proposed) to the
west, Rio San Gabriel Park northeast of the site and various retail establishments on
the opposite side of Firestone Boulevard to the south. Although the proposed 24-unit
condominium project will introduce new light and traffic into the area, it is not likely to
cause substantial environmental damage or substantially and avoidably injure wildlife
or their habitat because there are no known areas within the City that host wildlife or
their habitat, most particularly species identified as a candidate, sensitive, or special
status species. As such, it is staff’s opinion that the proposed project will not impact
wildlife resources.
Site Plan Review
Section 9820 of the Downey Municipal Code provides that the Planning Commission shall
make the following findings in approving or conditionally approving an application for Site
Plan Review:
1. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the Council.
Goal 8.1 of the Design Element is “Promote quality design for new, expanded and
remodeled construction” and Policy 8.1.1 seeks to promote architectural design of the
highest quality. The applicant proposes to construct twenty-four condominiums in a
contemporary architectural style. The proposed architectural style of the
condominiums conveys a New England motif combined with elements of California
Craftsman detailing. It utilizes strong exterior coloring coupled with the liberal use of
siding materials (Hardie Board: “Ship-Lap” planks, Vertical T-111, and board and
batten; and river rock-natural stream stone) to give the complex a warm feeling.
.
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
The proposed development requires a change of zone to allow multiple dwellings on
the subject property. A zone change is under consideration that would change the
zoning to R-3 (Medium-Density Residential), which is consistent with the intent and
purpose of the City’s residential zone regulations. The R-3 Zone provides for the
development of multiple-family residential living areas compatible with the
PC Agenda Page 21
neighborhood environment and outdoor recreation potential of the community. Such
areas are envisioned as being located and designed to be complementary to adjacent
uses and at the same time provide suitable space for multiple-family living quarters.
The proposed change of zone to R-3 allows the subject property to maintain its
compatibility with multi-family developments, which occupy most of the properties
nearby.
3. That the proposed development’s site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City.
PLN-16-00196 proposes 24 units in a dual-townhouse design, with five building style)
and 12 separate buildings. Each unit will feature a two-car garage, with direct access
to a private garden area at the rear. The buildings will be three stories tall and contain
approximately 4,400 square feet of floor area (2,200 square feet per unit. The lower
level garages are finished with storage and laundry areas. Each contains a generous
kitchen, dining room and living room areas. The top level of each unit contains three
bedrooms including a Master bedroom.
The proposed architectural styles of the condominiums convey a New England motif
combined with elements of California Craftsman detailing. Strong exterior coloring
coupled with the liberal use of siding are intended to give the complex a warm feeling.
Concrete tile roofing materials that mimic wood shingles will be used on the “hip roof”
of each building. In addition to the siding materials, the Craftsman influence is
expressed by tapered square columns on the second floor balconies that support the
top floor above. These units also feature wood entry doors, wood shutters on front
elevation windows, wood railing at the balconies, and wood garage doors. The
development’s design will enhance the character and design of the site, the
immediate neighborhood, and the surrounding areas of the City.
4. That the site plan and location of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public streets.
The plan places twelve buildings on each side of a 26’-0” wide private driveway. The
driveway runs down the center of the property, extending from the front of the site to
the rear. The private driveway also serves as a fire lane. It provides a “hammerhead”
fire truck turnaround area at the north end of the subject property. The plan also
features 12 guest parking spaces near the front, middle and rear of the subject
property. PLN-16-00196 proposes a variety of plants to create visual interest for the
proposed project. These features, coupled with the proposed New England /
California Craftsman architectural style of the condominiums, illustrate that the site
plan provides proper consideration for the functional and visual aspects of the
development from the view of the public streets.
5. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
PC Agenda Page 22
The proposed development will improve the community appearance by replacing
eight single-story detached rental units with 24 condominiums that will convey a
contemporary architectural design. Each structure has three stories and will
incorporate strong exterior coloring coupled with the liberal use of siding materials
(Hardie Board: “Ship-Lap” planks, Vertical T-111, and board and batten; and river
rock). Concrete tile roofing materials that mimic wood shingles will be used on the “hip
roof” of each building. Although the buildings will be significantly newer than the
apartment buildings nearby, they will incorporate common materials and features
found on many buildings in the vicinity.
6. That the site plan and design considerations shall tend to upgrade property in
the immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and
welfare.
Approval of the project PLN-16-00196 proposes will facilitate construction of a 24-unit
condominium development, which will upgrade the visual character or quality of the
site and its surroundings and enhance the streetscape on Firestone Boulevard.
7. That the proposed development’s site plan and its design features will include
graffiti-resistant features and materials in accordance with the requirements of
Section 4960 of Chapter 10 of Article IV of this Code.
The Conditions of Approval for PLN-16-00196 will include a condition stating that the
design features will incorporate graffiti resistant materials.
ENVIRONMENTAL
In accordance with the provisions of the California Environmental Quality Act (CEQA), the
City of Downey obtained the services of DUDEK, an environmental consulting firm, to
prepare an Initial Study and Negative Declaration to assess the potential consequences of
implementing the proposed General Plan amendment and zone change. DUDEK concluded
that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because of mitigation measures that have already
been made by the applicant. Therefore, DUDEK prepared a Mitigated Negative Declaration.
Staff circulated the environmental documents for public review and comment for 21 days,
pursuant to the review period in the City’s Guidelines for implementing CEQA. The comment
period started on May 13, 2016 and ended on June 2, 2016.
CORRESPONDENCE
As of the date that this report was printed, staff had not received correspondence regarding
the proposal.
PC Agenda Page 23
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission:
1. Adopt a resolution recommending that the City Council approve an amendment to the
General Plan by approving PLN 14-00210 (General Plan amendment and zone
change)
and
2. Staff also recommends that the Planning Commission adopt a resolution approving
PLN-16-00196 (Tentative Tract Map No. 74567 and Site Plan Review), and to adopt a
Mitigated Negative Declaration.
EXHIBITS
Renderings
Site Plan
Site Photographs (Planning Area Properties)
Resolutions
Tentative Map
Project Plans
Mitigated Negative Declaration
H:\COMMUNITY DEVELOPMENT\DAVIS\CASES\GENERAL PLAN AMENDMENT\PLN-14-00210 (9553 FIRESTONE ET
AL)\STAFF REPORT (9-21-16).DOCX
PC Agenda Page 24
RENDERINGS
STREET ENTRY
REAR AREA
PC Agenda Page 25
SITE PLAN
PC Agenda Page 26
SITE PHOTOGRAPHS
11026-11100 PANGBORN
9565-9601 FIRESTONE
9525-9545 FIRESTONE
11017-11121 NEWVILLE AVENUE 9553 FIRESTONE
PLANNING AREA
PROPERTIES
PC Agenda Page 27
RESOLUTION NO. 16-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE PLN-14-00210
(GENERAL PLAN AMENDMENT AND ZONE CHANGE) REGARDING A
PROPOSAL TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION
OF THE SOUTHERLY HALF OF THE PLANNING AREA (DEFINED AS 9525-
9601 FIRESTONE BOULEVARD, 11016-11100 PANGBORN AVENUE, AND
11017-11121 NEWVILLE AVENUE), FROM GENERAL COMMERCIAL (GC) TO
MEDIUM-DENSITY RESIDENTIAL (MDR), EXCLUDING 9601 FIRESTONE
BOULEVARD, WHICH WOULD CHANGE FROM GENERAL COMMERCIAL
(GC) TO NEIGHBORHOOD COMMERCIAL (NC); AND REZONE THE
PLANNING AREA FROM NEIGHBORHOOD COMMERCIAL (C-1) AND
PARKING BUFFER (P-B) TO MULTIPLE- FAMILY RESIDENTIAL (R-3),
EXCLUDING THE PARKING BUFFER (P-B) PORTION OF 9601 FIRESTONE
BOULEVARD, WHICH WOULD REZONE TO C-1
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. The City Council of the City of Downey initiated a change of the General Plan
Land Use designation of the planning area (defined as 9525-9601 Firestone
Boulevard, 11016-11100 Pangborn Avenue, and 11017-11121 Newville Avenue),
from General Commercial (GC) to Medium-Density Residential (MDR), excluding
9601 Firestone Boulevard, which would change from General Commercial (GC)
to Neighborhood Commercial (NC).
B. The City Council also initiated a change of zoning for the planning area from
Neighborhood Commercial (C-1) and parking Buffer (P-B) to Multiple- Family
Residential (R-3), excluding the Parking Buffer (P-B) portion of 9601 Firestone
Boulevard, which would rezone to C-1.
C. The Planning Commission conducted 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 Resolution No. _____,
recommending approval of the proposed General Plan amendment and change
of zoning to the City Council.
SECTION 2. In consideration of the General Plan Amendment, the Planning
Commission of the City of Downey further finds, determines and declares that:
A. That the proposed General Plan Amendment is consistent with all other
goals, policies, programs, and land uses of applicable elements of the
General Plan. The Applicant is requesting approval of a General Plan
Amendment to change the land use designation on the property from LDR (Low
Density Residential) to MDR (Medium-Density Residential). Doing so makes the
zone change and the land use designations of the General Plan consistent,
PC Agenda Page 28
RESOLUTION NO. ____
PAGE 2
- 2 -
because project implementation addresses General Plan policies regarding future
population growth (Policy 1.1.2), promoting residential construction that
compliments existing neighborhoods (Policy 1.4.2), and home ownership (Policy
1.4.3).
B. That the proposed General Plan Amendment will not adversely affect
surrounding properties or the surrounding environment. The planning area
consists of apartment complexes (9525-9545 Firestone, 11026-11100 Pangborn,
and and11017-11121 Newville Avenue), detached rental units (11016-11100
Pangborn Avenue and 9553 Firestone), a motel (9565 Firestone) and a retail
center (9601 Firestone). The proposed General Plan Amendment will make
possible the future development of these properties for purposes that are
consistent with the current use of the land, and will not adversely affect
surrounding properties or the surrounding environment.
C. That the proposed General Plan Amendment promotes the public health,
safety, and general welfare and serves the goals and purposes of this
article.
Section 9312.02 (a) of the Downey Municipal Code describes the intent and
purpose of the City’s residential zone regulations. The proposed General Plan
Amendment promotes these goals by contributing to the variety of housing types
in the City and by contributing to the broad range of housing types available in the
City. The General Plan Amendment designates land (the subject property) to
accommodate such housing needs, and it maintains the scale of housing in the
general vicinity. The proposed General Plan Amendment facilitates adequate
light, air, and open space for each dwelling of the proposed project and protects
the surrounding neighborhood from incompatible land uses. As a result, the
proposed General Plan Amendment promotes the public health, safety, and
general welfare and serves the goals and purposes of the Zoning Code
D. That the proposed General Plan Amendment will not conflict with
provisions of this article, including the City’s subdivision ordinance.
The proposed General Plan Amendment would change the land use designation
of the southerly half of the planning area from General Commercial (GC) to MDR.
The requested MDR classification matches the General Plan land use
designation of the northerly portion of the planning area, which the City changed
in 2005 as part of the General Plan update. Project implementation addresses
General Plan policies regarding future population growth (Policy 1.1.2), promoting
residential construction that compliments existing neighborhoods (Policy 1.4.2),
and home ownership (Policy 1.4.3). Therefore, the proposed General Plan
Amendment will not conflict with provisions of the Zoning Code.
SECTION 3. In consideration of the zone change, Planning Commission further finds,
determines and declares that:
PC Agenda Page 29
RESOLUTION NO. ____
PAGE 3
- 3 -
A. That the zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this
chapter and is in the interests or furtherance of the public health, safety,
and general welfare. The Applicant’s proposal to change the zoning of the
planning area subject site from P-B and C-1 to Multiple-Family Residential (R-3),
excluding the P-B portion of 9601 Firestone Boulevard, which would rezone to C-
1, addresses General Plan policies regarding future population growth (Policy
1.1.2), promoting residential construction that compliments existing
neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3). The opportunity
for new home ownership is in the interest of furthering the public health, safety
and general welfare..
B. That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area. The proposed
change of zoning will be compatible to existing conditions because multi-family
developments occupy most of the properties in the planning area, with the
exceptions being a dental office and a motel at the east end of the block and
adjacent to the northwest corner of Firestone and Newville. It makes sense to
change the classifications of properties that support residential uses to R-3 and to
change zoning of the southerly half of the block to Medium Density Residential
since the northerly half is already designated MDR. The zone change would also
reflect the approvals permitted by the zone exception cases affecting some of the
residentially-developed properties in the planning area. Rezoning commercial
properties to a Neighborhood Commercial (C-1) classification best reflects those
occupying uses as well.
C. That the site is adequate in size to accommodate the uses permitted in the
zone requested and that all applicable property development standards can
be complied with. The Planning area under consideration is more than
adequate in size to successfully accommodate the permitted uses and
development standards of the requested R-3 zone, because the majority of
properties within this area are developed with multiple-family residential uses
already..
D. That the site properly relates to streets and highways designed and fully
improved to carry the type and quantity of traffic that is expected to be
generated in the area and that utilities exist or are planned which will
adequately serve the property as rezoned. Firestone Boulevard is a Major
Arterial that provides vehicular access to the planning area. It has is fully
improved and capable of carrying the type and quantity of traffic a proposed 24-
unit condominiums will generate. Firestone Boulevard has six travel lanes, three
in each direction and separated by a raised median. The Traffic Technical Review
Memorandum prepared in association with the DUDEK Mitigated Negative
Declaration for PLN-14-00210 summarized that there is virtually no probability
that future development within the planning area would result in any significant
impact to the surrounding circulation system, due to the nominal levels of service
(LOS) at the intersections near the planning area.
PC Agenda Page 30
RESOLUTION NO. ____
PAGE 4
- 4 -
E. That the proposed zone change is in general conformance with the General
Plan and General Plan land use designation for the parcel. The proposed
change of zoning on the site is in general conformance with the General Plan and
General Plan land use designation for the parcel. Program 1.3.1.5 of Downey
Vision 2025, the Downey General Plan directs the City to encourage land uses
consistent with the area’s designation as properties recycle. The subject property
is zoned C-1 (Neighborhood Commercial) and P-B (Parking Buffer). PLN-14-
00210 proposes to change the General Plan designation of the southerly half of
the project site from General Commercial (GC) to Medium Density Residential
(MDR). The requested MDR classification matches the General Plan land use
designation of the northerly portion of the project site, which the City changed in
2005 as part of the General Plan update.
SECTION 4. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act. Based on its own analysis and consideration, the Planning Commission found that
there will be no significant impact on the environment as a result of the proposed project.
Accordingly, the Planning Commission adopted a Mitigated Negative Declaration.
SECTION 5. The Planning Commission, hereby recommends the City Council approve
an amendment to the Comprehensive Zoning Map, changing the land use categories of the
properties in the planning area (defined as 9525-9601 Firestone Boulevard, 11016-11100
Pangborn Avenue, and 11017-11121 Newville Avenue), from General Commercial (GC) to
Medium-Density Residential (MDR), excluding 9601 Firestone Boulevard, which would change
from General Commercial (GC) to Neighborhood Commercial (NC), and further recommends the
City Council approve a change of zoning for the planning area from Neighborhood Commercial
(C-1) and parking Buffer (P-B) to Multiple- Family Residential (R-3), excluding the Parking Buffer
(P-B) portion of 9601 Firestone Boulevard, which would rezone to C-1.
APPROVED AND ADOPTED this ____ day of ______ 20___.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning
Commission of the City of Downey at a meeting held on the ___ day of _____, 2016.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 31
RESOLUTION NO. 16- _____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-16-00196 (TENTATIVE TRACT MAP NO.74567 AND SITE
PLAN REVIEW) REGARDING A TENTATIVE TRACT MAP THEREBY
ALLOWING THE SUBDIVISION OF PROPERTY AT 9553 FIRESTONE INTO 24
CONDOMINIUMS AND A PRIVATE DRIVEWAY; SITE PLAN REVIEW OF THE
CONDOMINIUM PROJECT; AND ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT
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. Mr. Mohammad Assam, (hereinafter "Applicant"), filed a Land Use Permit
Application requesting the Planning Commission’s approval of Tentative Tract Map
No. 74567, which proposes to subdivide a 48,360 square foot parcel into twenty-
four (24) condominiums with a private driveway, and Site Plan Review for an
architectural review of the proposed dwellings.
B. The project site, 9553 Firestone, currently maintains two zoning classifications;
Neighborhood Commercial (C-1) and P-B (Parking Buffer); however, the City of
Downey is considering a change of zone for the subject property and other
properties in the vicinity to R-3 (Multiple-Family Residential).
C. Currently the project site maintains two General Plan designations; the southerly
half of the site is designated General Commercial (GC) and the northerly half is
designated as Medium Density Residential (MDR); however, the City is considering
a change of the land use designation for the southerly half of subject property’s to
Medium Density Residential.
D. On September 9, 2016, notice of the pending public hearing for PLN-14-00214 was
published in the Downey Patriot on and it was mailed to all property owners within
500 feet of the subject site March 8, 2016.
E. The Planning Commission conducted 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 Resolution No. ______,
approving Tentative Tract Map No. 74567.
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearing, the Planning Commission further finds, determines and declares that:
A. That the proposed map is consistent with applicable general and specific
plans.
The City of Downey Housing Element has adopted policies to provide adequate
sites and zoning to encourage and facilitate a range of housing to address the
regional fair share allocation (Policy 2.1) and encourage infill development and
recycling of land to provide adequate residential sites (Policy2.2). Approval of the
Tentative Tract Map 74567 will result in an increase to the City’s housing inventory;
PC Agenda Page 32
Resolution No. _____
Page 2
Page 2
consequently, approval of Tentative Tract Map 74567 is consistent with the goals,
policies, programs, and land uses of applicable elements of the General Plan.
B. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Program 1.3.1.5 of Downey Vision 2025, the Downey General Plan directs the City
to encourage land uses consistent with the area’s designation as properties
recycle. The subject property is zoned C-1(Neighborhood Commercial) and P-B
(Parking Buffer). A zone change is under consideration that would change the
zoning to R-3 (Medium-Density Residential), which provides for the development of
multiple-family residential living areas. The proposed project meets this
requirement as it seeks to subdivide the subject property for twenty-four (24)
condominiums. Said dwelling units will embellish the residential character of the
area. The proposed development will also be within the maximum density
permitted by the General Plan and the Downey Zoning Code.
C. That the site is physically suitable for the type and density of development.
The subject site contains approximately 48,232 square feet of land (1.11 acres),
which is sufficient area to subdivide the site for condominium purposes and comply
with the standards for residential development as required by Section 9312.08 of
the Downey Municipal Code for properties in the R-3 zone. The 24 condominiums
Tentative Tract Map 74567 proposes, will meet all development standards for the
zone.
D. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of this project has been carefully laid out to avoid conditions that could
result is serious public health problems. The Mitigated Negative Declaration of
Environmental Impacts addresses the environmental issues and determined no
significant impacts will occur because of project implementation.
E. 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.
Three easements encumber the site: a Public Road and Highway easement
traverses the site frontage along Firestone Boulevard and two (2) easements for
utility Poles run parallel to the west property line and within the northerly half of the
site. The design of the project will not conflict with these easements because the
six foot (6’) wide utility easements coincide with the setbacks of the proposed
buildings. The site improvements will not conflict with the Public Road and Highway
easement because the City of Downey completed street improvements on
Firestone Boulevard recently that included curb and gutter and utilities within the
right of way in front the subject site. Nevertheless, the City has added a condition
of approval that requires the Applicant to dedicate four feet (4‘) for right-of-way
purposes along Firestone Boulevard frontage of the site to reflect that the utilities
exist there.
PC Agenda Page 33
Resolution No. _____
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F. That the design of the subdivision or the proposed improvements is not
likely to cause substantial environmental damage or substantially and
avoidably injure wildlife or their habitat.
The subject property, 9553 Firestone Boulevard, exists in an area that is comprised
of apartment complexes, detached rental units, a motel, and a small retail center.
Other properties in the vicinity consist of a vacant store, single-family residences,
and an automobile dealership to the east, fast food restaurants (existing and
proposed) to the west, Rio San Gabriel Park northeast of the site and various retail
establishments on the opposite side of Firestone Boulevard to the south. Although
the proposed 24-unit condominium project will introduce new light and traffic into
the area, it is not likely to cause substantial environmental damage or substantially
and avoidably injure wildlife or their habitat because there are no known areas
within the City that host wildlife or their habitat, most particularly species identified
as a candidate, sensitive, or special status species. As such, it is staff’s opinion
that the proposed project will not impact wildlife resources.
SECTION 3. In consideration of the Site Plan Review request, the Planning Commission
of the City of Downey further finds, determines and declares that:
A. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the Council.
Goal 8.1 of the Design Element is “Promote quality design for new, expanded and
remodeled construction” and Policy 8.1.1 seeks to promote architectural design of
the highest quality. The applicant proposes to construct twenty-four condominiums
in a contemporary architectural style. The proposed architectural style of the
condominiums conveys a New England motif combined with elements of California
Craftsman detailing. It utilizes strong exterior coloring coupled with the liberal use
of siding materials (Hardie Board: “Ship-Lap” planks, Vertical T-111, and board and
batten; and river rock-natural stream stone) to give the complex a warm feeling.
B. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
The proposed development requires a change of zone to allow multiple dwellings
on the subject property. A zone change is under consideration that would change
the zoning to R-3 (Medium-Density Residential), which is consistent with the intent
and purpose of the City’s residential zone regulations. The R-3 zone provides for
the development of multiple-family residential living areas compatible with the
neighborhood environment and outdoor recreation potential of the community.
Such areas are envisioned as being located and designed to be complementary to
adjacent uses and at the same time provide suitable space for multiple-family living
quarters. The proposed change of zone to R-3 allows the subject property to
maintain its compatibility with multi-family developments, which occupy most of the
properties nearby.
C. That the proposed development’s site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City.
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PLN-16-00196 proposes 24 units in a dual-townhouse design, with five building
style) and 12 separate buildings. Each unit will feature a two-car garage, with direct
access to a private garden area at the rear. The buildings will be three stories tall
and contain approximately 4,400 square feet of floor area (2,200 square feet per
unit. The lower level garages are finished with storage and laundry areas. Each
contains a generous kitchen, dining room and living room areas. The top level of
each unit contains three bedrooms including a Master bedroom.
The proposed architectural styles of the condominiums convey a New England
motif combined with elements of California Craftsman detailing. Strong exterior
coloring coupled with the liberal use of siding are intended to give the complex a
warm feeling. Concrete tile roofing materials that mimic wood shingles will be used
on the “hip roof” of each building. In addition to the siding materials, the Craftsman
influence is expressed by tapered square columns on the second floor balconies
that support the top floor above. These units also feature wood entry doors, wood
shutters on front elevation windows, wood railing at the balconies, and wood
garage doors. The development’s design will enhance the character and design of
the site, the immediate neighborhood, and the surrounding areas of the City
D. That the site plan and location of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public streets.
The plan places twelve buildings on each side of a 26’-0” wide private driveway.
The driveway runs down the center of the property, extending from the front of the
site to the rear. The private driveway also serves as a fire lane. It provides a
“hammerhead” fire truck turnaround area at the north end of the subject property.
The plan also features 12 guest parking spaces near the front, middle and rear of
the subject property. PLN-16-00196 proposes a variety of plants to create visual
interest for the proposed project. These features, coupled with the proposed New
England / California Craftsman architectural style of the condominiums, illustrate
that the site plan provides proper consideration for the functional and visual
aspects of the development from the view of the public streets.
E. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
The proposed development will improve the community appearance by replacing
eight single-story detached rental units with 24 condominiums that will convey a
contemporary architectural design. Each structure has three stories and will
incorporate strong exterior coloring coupled with the liberal use of siding materials
(Hardie Board: “Ship-Lap” planks, Vertical T-111, and board and batten; and river
rock). Concrete tile roofing materials that mimic wood shingles will be used on the
“hip roof” of each building. Although the buildings will be significantly newer than
the apartment buildings nearby, they will incorporate common materials and
features found on many buildings in the vicinity.
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F. That the site plan and design considerations shall tend to upgrade property
in the immediate neighborhood and surrounding areas with an
accompanying betterment of conditions affecting the public health, safety,
comfort, and welfare.
Approval of the project PLN-16-00196 proposes will facilitate construction of a 24-
unit condominium development, which will upgrade the visual character or quality
of the site and its surroundings and enhance the streetscape on Firestone
Boulevard.
G. That the proposed development’s site plan and its design features will
include graffiti-resistant features and materials in accordance with the
requirements of Section 4960 of Chapter 10 of Article IV of this Code.
The Conditions of Approval for PLN-16-00196 will include a condition stating that
the design features will incorporate graffiti resistant materials.
SECTION 4. The Planning Commission further finds, determines and declares that:
A. An Initial Study and proposed Mitigated Negative Declaration were prepared for the
proposed General Plan Amendment and Zone Change, in accordance with the
provisions of the California Environmental Quality Act (CEQA), state CEQA
guidelines, and the City of Downey’s Procedures for Implementing CEQA.
B. That the Initial Study and proposed Mitigated Negative Declaration were made
available to the public for review and comment from May 13, 2016 and ended on
June 2, 2016
C. A public hearing was held by the Planning Commission of the City of Downey on
September 21, 2015, at which time evidence was heard on the Initial Study and
proposed Mitigated Negative Declaration. At the hearing, the Planning
Commission fully reviewed and carefully considered the environmental
documents, together with any comments received during the public review period.
D. Based on its own analysis and consideration, the Planning Commission found that
there will be no significant impact on the environment as a result of the proposed
project. Accordingly, the Planning Commission adopted a Mitigated Negative
Declaration.
.
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-16-00196 subject to the
conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health,
safety and general welfare of the community and enable the Planning Commission to make the
findings set forth in the previous sections. The conditions are fair and reasonable for the
accomplishment of these purposes.
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SECTION 6. The Secretary shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this ___ day of _______ 2016.
_______________________________
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning
Commission of the City of Downey at a meeting held on the ____ day of _________, 2016.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
_________________________
Mary Cavanagh, Secretary
City Planning Commission
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EXHIBIT A
CONDITIONS OF APPROVAL
PLN-16-00196 (TENTATIVE TRACT MAP 74567 AND SITE PLAN REVIEW)
PLANNING
1. The approval of PLN-16-00196 (Tentative Tract Map No. 74567 and Site Plan Review)
allows for the construction of a of 24-unit condominium development. This approval also
includes all common open space areas and the accessary structures contained therein.
2. All conditions of PLN-16-00196 shall be complied with before this application becomes
valid.
3. This approval shall expire in 24 months from the effective date of the tentative map’s
approval.
4. If City approval is contingent upon any changes to the plans as submitted, the applicant
shall submit three copies of the revised plans, incorporating all approved amendments,
overlays, modifications, etc. to the Planning Division prior to the issuance of building
permits.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
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10. Exterior lights shall be un-switched and photo-sensor controlled. Lights shall be on from
dusk until dawn. Porch, patio, and deck lights for the individual units shall be excluded
from this condition.
11. 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.
12. 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. There
shall be no window or wall mounted HVAC equipment. This condition shall not be
interpreted to restrict photovoltaic panels mounted to the roof.
13. 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.
14. Any graffiti applied to the site shall be removed within 48 hours.
15. 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.
16. Drought tolerant landscaping shall be used in all landscape areas of the site. All
landscape shall be installed and permanently maintained as approved by the Planning
Commission. Synthetic turf is not permitted.
17. All above grade back-flow preventers and check valves shall be painted green and
screened from view from the public right-of-way.
18. The transformer shall be wrapped in a screen print to mimic landscaping. The final design
and the wrap shall be approved by the City Planner prior to installation.
19. The maximum height of all accessory structures shall not exceed 12’.
20. The north and west property line shall have a 6’ tall 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 approval of the color, style and type of the materials used.
21. Prior to the final of building permits, the applicant shall record CC&R’s on the property to
govern the maintenance, repair, and improvement of all common areas. This shall
include, but may not be limited to, the landscaping, all utilities, exterior of buildings,
exterior lighting, internal streets and walkways, and pool area. The CC&R’s shall establish
a Home Owners Association (HOA) and provide authority for the HOA to enforce the
CC&R’s. Additionally, the CC&R’s shall require the following:
a) Require all garages be maintained in a manner to accommodate two vehicles at all
times;
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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.
22. The project entry aisle (Firestone Boulevard entrance) shall have an enhanced paving
(pavers or stamped color concrete) surface. The City Planner shall review and approval
final enhanced paving prior to installation.
23. 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.
24. 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.
25. All open parking spaces shall be limited to 72-hour parking only and be duly
marked. Open parking spaces shall not be assigned.
26. 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.
27. 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.
28. 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.
29. The applicant shall comply with all mitigation measures, as established by the Mitigated
Negative Declaration, shall be complied with at all times. This shall include:
MM-CR-1: In the event that archaeological resources (sites, features, or artifacts) are
exposed during construction activities for the proposed project, all construction work
occurring within 100 feet of the find shall immediately stop until a qualified archaeologist,
meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate
the significance of the find and determine whether additional study is warranted.
Depending upon the significance of the find under the California Environmental Quality Act
(CEQA) (14 CCR 15064.5(f); California Public Resources Code Section 21082), the
archaeologist may exhaust the data potential of the find through the process of field-level
recordation and allow work to continue. If the discovery proves significant under CEQA,
additional work such as preparation of an archaeological treatment plan, testing, or data
recovery may be warranted.
MM-CR-2: In the event that paleontological resources (fossil remains) are exposed
during construction activities for the proposed project, all construction work occurring
within 50 feet of the find shall immediately stop until a qualified paleontologist, as defined
by the Society of Vertebrate Paleontology’s 2010 guidelines, can assess the nature and
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importance of the find. Depending on the significance of the find, the paleontologist may
record the find and allow work to continue or recommend salvage and recovery of the
resource. All recommendations will be made in accordance with the Society of Vertebrate
Paleontology’s 2010 guidelines, and shall be subject to review and approval by the City of
Downey. Work in the area of the find may only resume upon approval of a qualified
paleontologist.
MM-HAZ-1: A Site Mitigation Plan shall be developed and implemented during all
construction activities. The Site Mitigation Plan would also include a hazardous substance
management, handling, storage, disposal, and emergency response plan that establishes
procedures for managing any hazardous substance releases in the planning area.
Hazardous materials spill kits would be maintained on site to effectively manage and clean
any small accidental spills. In addition, the Site Mitigation Plan would include strategies for
identification and management of contaminated soil, if encountered during project
development, and would outline mitigation measures if development activities result in an
accidental release of contaminants. A project-specific Health and Safety Plan shall be
prepared in accordance with the Occupational Safety and Health Administration
standards, included in the Site Mitigation Plan, and implemented during all construction-
related activities. Copies of the Site Mitigation Plan and Health and Safety Plan shall be
maintained on site during demolition, excavation, and construction of the proposed project.
All construction workers in the planning area shall be familiar with these documents.
In addition, due to the age of the existing buildings in the planning area (Appendix B),
there is a potential for the presence of asbestos-containing materials, lead-based paint,
and polychlorinated biphenyls within the structures. In accordance with SCAQMD Rule
1403 (SCAQMD 2007), an asbestos survey would be conducted prior to any proposed
future demolition, and if any asbestos-containing materials are identified during the
required survey, then they would be stored, handled, transported, and disposed of in
accordance with the provisions established in Rule 1403. Due to the potential presence of
lead-based paint, polychlorinated biphenyls, and other hazardous building materials in the
on-site structures, MM-HAZ-2 is provided and would require preparation of a hazardous
materials building survey to document the presence of any potentially hazardous materials
within the structures. MM-HAZ- 2 also contains provisions for abatement of hazardous
materials. With completion of the required asbestos survey (and if necessary, abatement)
and implementation of MM-HAZ-2, impacts would be less than significant.
MM-HAZ-2: Prior to the issuance of a demolition permit for any existing on-site structure,
a qualified environmental specialist shall conduct a lead-based paint, asbestos-containing
materials, lead-based paint, polychlorinated biphenyls, and other hazardous building
materials survey to document the presence of any potentially hazardous materials within
the structures. Any potentially hazardous materials identified as part of this survey shall be
abated by a licensed abatement contractor in accordance with all applicable local, state,
and federal regulations, including the Metallic Discards Act of 1991. Demolition plans and
contract specifications would incorporate any necessary abatement measures in
compliance with the Metallic Discards Act for the removal of mercury switches,
polychlorinated biphenyls-containing ballasts, and refrigerants.
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MM-NOISE-1: To reduce impacts related to heavy construction equipment moving and
operating on site during project construction, grading, and paving prior to issuance of
grading permits, the applicant shall ensure that the following procedures are followed:
• All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers.
• Construction noise reduction methods, such as shutting off idling equipment,
maximizing the distance between construction equipment staging areas and
occupied sensitive receptor areas, and using electric air compressors and similar
power tools rather than diesel equipment, shall be used where feasible.
• During construction, stationary construction equipment shall be placed so noise is
directed away from or shielded from sensitive noise receivers where feasible.
During construction, stockpiling and vehicle staging areas shall be located as far
as practicable from noise-sensitive receptors.
• The project shall be in compliance with the City of Downey’s Municipal Code.
Construction shall occur on weekdays between the hours of 7:00 a.m. and 9:00
p.m. Construction hours, allowable workdays, and the phone number of the job
superintendent shall be clearly posted at all construction entrances to allow
surrounding property owners and residents to contact the job superintendent. In
the event the City receives a complaint, appropriate corrective actions shall be
implemented, and a report of the action shall be provided to the reporting party.
MM-NOISE-2: To reduce impacts related to groundborne vibration from heavy
construction equipment during demolition, construction, grading, and paving, prior to
issuance of grading permits, the applicant shall ensure that the following procedures are
followed:
• To reduce the potential for building damage occurring due to construction
vibration, heavy equipment (e.g., backhoes, dozers, graders, loaders) shall not be
operated within 12 feet of any existing building adjacent to proposed project
construction activities. If the construction contractor determines that the required
distance cannot be maintained, then the following measures shall be
implemented:
o Qualified structural and geotechnical engineers shall review the peak particle
velocities estimated in the noise study and determine if there are any risks to
the building, including possible risks from dynamic soil settlement induced by
vibration. If the structural or geotechnical engineers identify any potential
risks, they shall take all necessary steps to protect the building, including
photographing and/or videotaping the building to provide a record of the
existing conditions before construction.
o If considered appropriate by a qualified structural engineer or geotechnical
engineer, an engineer shall be on site during construction activities and
perform such tests and observations as necessary to ensure the structural
stability of the building. This may include vibration measurements obtained
inside or outside of the building.
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BUILDING
30. All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
31. 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
32. Water mains shall be installed in accordance with DMC Section 3600.
33. 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.”
34. Additional public hydrants may be required depending upon required fire flows, street
width, or tactical considerations by the Fire Chief (DMC Section 3610(c)).
35. Residential Fire Sprinklers shall be installed in accordance with DMC Section 3317 and
NFPA 13D or 13R, as applicable. 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.
36. Fire Lane signage shall be installed in accordance with DMC 3327.
37. Smoke detectors shall be installed within each residential living unit in accordance with
2013 California Fire Code section 907.2.11.2.
38. Residential Addressing- due to the high density of the project, each residence shall be
provided with a clearly visible address.
39. Fire Protection equipment shall be identified in accordance with 2013 California Fire Code
section 509.1. “Approved signs required to identify fire protection equipment and
equipment location shall be constructed of durable materials, permanently installed and
readily visible.”
PUBLIC WORKS
40. The owner/applicant shall dedicate 4 feet (4‘) for right-of-way purposes along Firestone
Boulevard frontage to the standards of the City Engineering Division.
41. 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.
42. All public utilities shall be installed underground.
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43. The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling facilities.
44. Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
45. Proposed public improvements shall comply with the latest edition of Standard Plans and
Specifications for Public Works Construction and City of Downey standards.
46. Obtain permits form Public Works Department for all public improvements within the public
right of way.
47. Remove and replace damaged, uneven or sub-standard curb, gutter and construct new
public sidewalk improvements, 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.
48. Submit an engineered grading plan and/or hydraulic calculations and site drainage plan for
the site (prepared and sealed by a registered civil engineer in the State of California) for
approval by the Engineering Division and Building and Safety Division. Lot(s) shall not
have less than one (1%) percent gradient on any asphalt or non-paved surface, or less
than one quarter (1/4%) percent gradient on any concrete surface. Provide the following
information on plans: topographic site information, including elevations,
dimensions/location of existing/proposed public improvements adjacent to project (i.e.
street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the width
and location of all existing and proposed easements, the dimensions and location of
proposed dedications; the location, depth and dimensions of potable water, reclaimed
water and sanitary sewer lines; 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.
49. Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base,
and a minimum 2-1/2” thick asphalt concrete pavement.
50. Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance
1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan.
Furthermore, the applicant shall be required to Certify and append Public Works standard
“Attachment A” to all construction and grading plans as required by the LACoDPW
Stormwater Quality Management Plan (SQMP).
51. Remove all construction graffiti created as part of this project within the public-right-of-way
in a timely manner.
a. The owner/applicant shall install a sewer main and sewer lateral (to the front property
line) for each lot in the subdivision, and shall provide that the design and
improvements of sewers shall be to the standards of the City Engineering Division.
Septic systems are not acceptable.
b. The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
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c. The owner/applicant shall provide that no easements of any type be granted over any
portion of the subdivision to any agency, utility or organization (private or public),
except to the City of Downey prior to recordation of the tract map. The
owner/applicant shall grant easements in the name of the City shall include:
• Vehicular easements
• Walkway easements
• Drainage easements
• Utility easements
d. The owner/applicant shall submit a recorded Mylar copy of the final map, a digital
AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF
images of final map on a portable media for city’s GIS system data updates and
maintenance.
e. The owner/applicant shall be responsible for water utility and fire connection f inal
approvals.
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Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development Construction
Projects/Certification Statement
The following is intended as an attachment for construction and grading plans and
represent the minimum standards of good housekeeping which must be implemented on
all construction sites regardless of size.
☐ Eroded sediments and other pollutants must be retained on site and may not be
transported from the site via sheetflow, swales, area drains, natural drainage courses or
wind.
☐ Stockpiles of earth and other construction related materials must be protected from being
transported from the site by the forces of wind or water.
☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with their
listing and are not to contaminate the soil and surface waters. All approved storage
containers are to be protected from the weather. Spills must be cleaned up immediately
and disposed of in a proper manner. Spills may not be washed into the drainage system.
☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall
be contained at the project site.
☐ Excess or waste concrete may not be washed into the public way or any other drainage
system. Provisions shall be made to retain concrete wastes on site until they can be
disposed of as solid waste.
☐ Trash and construction related solid wastes must be deposited into a covered receptacle
to prevent contamination of rainwater and dispersal by wind.
☐ Sediments and other materials may not be tracked from the site by vehicle traffic. The
construction entrance roadways must be stabilized so as to inhibit sediments from being
deposited into the public way. Accidental depositions must be swept up immediately and
may not be washed down by rain or other means.
☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit
erosion by wind and water.
☐ Other _____________________________________________________________
_____________________________________________________________
As the project owner or authorized agent of the owner, I have read and understand the
requirements listed above, necessary to control storm water pollution from sediments, erosion,
and construction materials, and I certify that I will comply with these requirements.
Project Name: _________________________________________________________
Project Address: _______________________________________________________
Print Name ______________________________________
(Owner or authorized agent of the owner)
Signature _____________________________________ Date __________________
(Owner or authorized agent of the owner)
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