HomeMy WebLinkAboutPC Resolution 16-3000RESOLUTION NO. 16 -3000
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, THEREBY ALLOWING THE
CONSTRUCTION OF SIX -UNIT, THREE STORY MULTI - FAMILY
DEVELOPMENT ON PROPERTY LOCATED AT 8117 SECOND STREET,
DOWNTOWN DOWNEY SPECIFIC PLAN — DOWNTOWN RESIDENTIAL
DISTRICT).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On February 11, 2016, the applicant submitted a request for the Site Plan Review, to
allow the construction of a six -unit multifamily development on the vacant site. Due to
missing information on the project plans, staff deemed the application incomplete; and,
B. On August 22, 2016, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
September 6, 2016; and,
C. On September 22, 2016, notice of the pending application published in the Downey
Patriot and mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on October 5, 2016, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed project has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section 15332 (In -fill Development).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
The project site is zoned Downtown Downey Specific Plan — Downtown Residential
District, which encourages residential, multi - family developments. The project further
supports the goals and policies of the DDSP by proposing a multi - family project that
helps absorb the existing and future population growth of the City (Policy 1.1.2.).The
development of the multi - family housing is also supported by Policy 8.1.1, which
encourages quality architectural materials and design. The project further supports the
goals and policies of the General Plan by proposing a residential project that would
enhance its surrounding neighborhood (Policy 1.4.2.) and by Policy 2.2 of the City's
Housing Element, which encourages in -fill development and the recycling of land to
provide adequate residential sites. Overall, the proposed residential development would
help add to the City's existing housing inventory and also contribute to the City's
Regional Housing Need Allocation.
Resolution No. 16 -3000
Downey Planning Commission
2. The project site is located within the Downtown Downey Specific Plan — Downtown
Residential District, which permits by right the development of multi - family housing. In
accordance with Article IX of the City's Municipal Code, the applicant has applied for a
site plan review application to make sure the project complies with the DDSP
development standards. The project as proposed complies with the development
standards of the DDSP — Downtown Residential District.
3. As discussed previously in this report, the proposed development of the six residential
apartment units fit in harmoniously with the existing character of the neighborhood, and
will enhance the character and design of the site. The architecture of the dwelling units is
a simplistic, modern design, which mimics the rectilinear elements found in Modern
architecture. The landscape palette consists of drought tolerant planting materials that
are well placed throughout the site. Together, the architecture and landscaping designs
create a pleasing aesthetic effect that will certainly benefit the surrounding community.
4. The site design and overall integration of the landscaping, building orientation, and
driveway access was well- envisioned by the applicant. The landscaping around the front
building facades creates a nice transitional buffer between the residences and the public
right -of -way and street. This project also incorporates decorative stamped concrete at
the driveway entt'ances to the subject site and landscaping along the east property line,
thus preventing a long barren driveway with no visual appeal.
5. The project will enhance the existing neighborhood, which is a mix of office buildings and
residential developments. The dwelling units are designed to avoid monotony by using
fagade recessing to break up the massing of the structures, as well as varying roof
heights. The use different colored stucco wall plains and elements, as well as
contrasting brown (Timber Bark) Hardy cement boards (to simulate wood siding) on key
sections of the buildings, add texture and visual interest to the overall design of the
building.
6. The proposed development will eliminate a vacant site with overgrown weeds, trash and
debris. The new multi - family development will upgrade the value of the property and
have a positive effect on neighboring properties. This project further supports the City's
General Plan mission of achieving a safe community for all residents to enjoy.
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. Conditions of approval have been added to this
project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code.
This includes (1) the use of graffiti resistant products in the construction of the building
and (2) the removal of any graffiti within 48 hours of application, which will be the
responsibility of the applicant to complete.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution,
the Planning Commission of the City of Downey hereby approves Site Plan Review (PLN -16-
00038) subject to conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
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Resolution No. 16 -3000
Downey Planning Commission
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of October
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 5th day of October,
2016, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None,
Mary Cavanagh, Secret _,
City Planning Commission
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Resolution No. 16 -3000
Downey Planning Commission
EXHIBIT A - CONDITIONS
SITE PLAN REVIEW (PLN -16- 00038)
PLANNING
1) The approval of this Site Plan Review (PLN -16- 00038) allows for the construction of a
six -unit residential multi - family development, which also includes all parking areas,
landscaping and accessary structures contained therein.
2) Site Plan Review (PLN -16- 00038) shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Downey Municipal Code shall apply.
3) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) 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.
6) 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.
7) Exterior lights shall be un- switched and photo- sensor controlled. Lights shall be on from
dusk until dawn. Porch lights for the individual units shall be excluded from this
condition.
8) 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.
9) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
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Resolution No. 16 -3000
Downey Planning Commission
10) Any graffiti applied to the site shall be removed within 48 hours.
11) 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.
12) 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.
13) All above grade back -flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right -of -way.
14) The maximum height of all accessory structures shall not exceed 12'.
15) All project entries shall have an enhanced paving (pavers or stamped color concrete).
The City Planner shall review and approval final enhanced paving prior to installation.
16) 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.
17) No above ground transformer shall be located within the front yard. The final transformer
location shall be approved by the City Planner prior to installation.
18) A photovoltaic system shall be installed for all units. Installation of the photovoltaic
system shall be to the satisfaction of the City Planner and Building Official.
19) The garages shall be electric vehicle charger ready. This shall include providing a
minimum one -inch conduit and junction box for electrical vehicle charger connection
within the garage. Nothing is this condition shall be meant to prohibit the landlord from
providing a vehicle charger as a "value added" service to the tenants.
20) The north, east, and west property lines shall include a 6' decorative block wall with a
stone cap. Prior to the construction of the wall, the applicant shall obtain City Planner
approval of the color, style and type of the materials used.
BUILDING
21) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
22) 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
23) All construction shall comply with the most recent version of the California Fire Code, as
adopted by the City of Downey.
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Resolution No. 16 -3000
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24) An automatic residential fire sprinkler system shall be installed. All fire protection
systems shall require City of Downey Building and Safety or Fire Department permits.
25) Installation of approved Automatic Fire Extinguishing System shall be installed in
accordance with nationally recognized standards.
26) The applicant shall install a public fire hydrant(s) depending upon fire flows, street width,
center dividers or other physical barriers, existing or anticipated traffic volume (DMC
3610).
27) Portable fire extinguishers shall be provided in accordance with CFC 2013 - Sction 906.
28) Each residential unit shall have approved addressing affixed to the unit, per California
Fire Code 505.
29) The applicant shall install a Knox@ Rapid Entry System: key switch for gate entry. The
Knox® Box's shall be mounted at a height not greater than 10 -feet for protruding boxes
or six (6) feet for flush mounted boxes. All gated entrance (pedestrian /auto) shall be
provided with a "Knox® Access" system approved by the Fire Department.
PUBLIC WORKS
30) 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.
31) Obtain permits form Public Works Department for all public improvements within the
public right of way.
32) Submit public improvement plan(s) for review and approval by Public Works
Department.
33) 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.
34) Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance
1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID)
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Resolution No. 16 -3000
Downey Planning Commission
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).
35) The owner /applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans
and Specification for Public Works Construction and as modified by the City of Downey's
Standard Plans and Specifications.
36) The owner /applicant shall install all utilities underground.
37) The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
38) The owner /applicant shall furnish and install backflow device in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
39) The owner /applicant shall furnish and install the public potable water improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to provide adequate fire flow and pressure to the site.
40) The owner /applicant shall furnish and install a fire hydrant and dedicated fire protection
lateral including backflow devices, fire department connections and other appurtenances
as required by the Department of Public Works and the Downey Fire Department. Such
improvements may include removal and /or replacement of existing fire hydrants, laterals,
backflow devices, and associated facilities with new facilities to current Downey
standards and materials. Backflow devices, fire department connections, and
associated appurtenances are to be located on private property and shall be readily
accessible for emergency and inspection purposes. Backflow devices shall be screened
from street view by providing sufficient landscaping to hide it.
41) The owner /applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
42) The owner /applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the
Department of Public Works,
43) The owner /applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County (CSDLAC).
44) The owner /applicant shall furnish and install the public sanitary sewer improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
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Downey Planning Commission
45) The owner /applicant is responsible for coordinating with Building & Safety permit fees
and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity
charges.
46) The owner /applicant shall obtain all necessary plan approvals and permits.
47) The owner /applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD — latest edition) files in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California. Final approval of new utilities shall be
dependent upon submittal and approval of record drawing mylars and scanned,
uncompressed TIFF images of record drawings on a CD /DVD -ROM media per City's
GIS Requirements.
48) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit. Submit plans to Building & Safety and
Planning Divisions regarding the following:
a) The use of drought tolerant plants
b) Drip irrigation
C) Latest Green Code standards for water fixtures, etc.
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