HomeMy WebLinkAbout2. PLN-17-00173 - 8139 4th St.STAFF REPORT
PLANNING DIVISION
DATE: JUNE 20, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: MONICA ESPARZA, SENIOR PLANNER
SUBJECT: PLN-17-000173 (SITE PLAN REVIEW) – A REQUEST TO CONSTRUCT
A TWO-STORY, EIGHT-UNIT APARTMENT COMPLEX
LOCATION: 8139 4TH STREET
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN
REPORT SUMMARY
The Downtown Downey Specific Plan was initiated by the City to guide growth and development
in Downtown, encourage economic revitalization, and create a lively center of activity for the
City. The primary intent of the Downtown Residential District is to establish compact, residential
neighborhoods within Downtown Downey, with neighborhood-serving uses within walking
distance. George Sanabria (hereinafter “applicant”) is proposing a two-story, eight-unit
apartment complex on an existing 12,023 square-foot lot within the Downtown Residential
District. The proposed units will include on-site parking for the tenants. Based on the analysis
contained in this report, staff is recommending the Planning Commission adopt the following
titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW (PLN-17-00173), THEREBY
ALLOWING THE CONSTRUCTION OF A TWO-STORY, EIGHT-UNIT
APARTMENT COMPLEX ON PROPERTY LOCATED AT 8139 4TH STREET,
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
The subject site is located on 4th Street, west of La Reina Avenue and east of Myrtle Street.
The lot is currently improved with a 1,326 square-foot single-family home, built in 1947. The
rear of the subject site is accessible via a 20-foot wide public alley. The site has a General Plan
Land Use Designation of Mixed Use and is located within the Downtown Downey Specific Plan.
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Street View of Subject Site
The surrounding uses include multiple-family residential to the east, single-family residential to
the west, multiple-family residential to the south, and multiple-family residential to the north.
There is also a daycare located on the corner of 4th Street and La Reina Avenue.
On October 18, 2017, the applicant submitted a request for a Site Plan Review to allow the
project. The application was deemed incomplete on November 27, 2017. The Applicant
resubmitted the requested materials, and the application was deemed complete on April 4,
2018. This project was previously scheduled to be heard on May 16, 2018, but was continued
to June 20, 2018, per the request from the Applicant. The notice of the pending public hearing
was published in the Downey Patriot and mailed to all property owners within 500’ of the subject
site on June 7, 2018.
DISCUSSION
The Downtown Downey Specific Plan was initiated by the City to guide growth and development
in Downtown, encourage economic revitalization, and create a lively center of activity for the
City. The Specific Plan established 131 acres as mixed use and looks to create unique districts
with specific development standards and design guidelines. Downtown Downey is envisioned
as a vibrant urban center providing a wide array of dining, working, living, shopping,
entertainment, and cultural opportunities all within a short walking distance. One of the
objectives of the Downtown Downey Specific Plan is to concentrate residential growth in
Downtown while respecting and preserving surrounding residential neighborhoods.
Project Description
The applicant is proposing to construct an eight unit, two-story apartment complex totaling
10,189 square feet. Each apartment will have two bedrooms, two bathrooms and range in size;
the smallest being 822 square feet and the largest being 1,011 square feet. Units 2, 3, 7, and 8
will have porches on either the 1st floor or 2nd floor. Each unit has its own carport, inclusive of
80 cubic feet for storage. The units are configured such that units 1, 3, 5, and 7 have a two-
story component and units 2, 4, 6, and 8 have a single-story floor plan, but are located above
the parking areas.
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Development Standards
As previously noted, the project is within the Downtown Downey Specific Plan. The proposed
development will be setback 19 feet from the front property line and 20 feet from the opposite
side of the alley. The minimum front yard setback within the Downtown Downey Specific Plan is
15 feet and is equal to the R-3 front setback standards. However, the Applicant has proposed a
greater setback than what is required to match the front setback of the apartments to the east of
this site. The maximum height limit for a multiple-family residential development within the
Downtown Residential District is 4 stories, or 50 feet in height. However, staff worked with the
Applicant to propose a two-story project, which has a greater front-yard setback of 19 feet, so as
to stay in character with the adjacent two-story duplexes, single-family residential and multiple-
family developments.
Parking for rental units is 1.5 parking spaces per unit. To support the pedestrian orientation
design, the specific plan utilizes a park once concept. This is to say that visitors to downtown
would park and be able to visit multiple establishments on their visit. For residential units,
parking is only required for the unit, with no specific requirements for guest spaces. To
encourage residents and guests to walk in the downtown, the use of the public parking lots and
street parking was taken into account on determining the parking standards. A recent parking
assessment conducted by Dixon Resources Unlimited for the City of Downey is showing that
only 30% of the available public parking is being utilized at this time. While the goal is to get
public parking utilization up to the 80% range, the Downtown Downey Specific Plan has a
requirement that the City reanalyze the parking standards once utilization reaches the 60%
level.
As required by the Downtown Downey Specific Plan, multi-family rental unit projects in the
downtown require a minimum 1.5 parking spaces per unit. This means the applicant needs a
minimum of 12 parking spaces on the site. Staff worked with the Applicant to provide two
spaces per unit, however, the Applicant stated that the addition of two parking spaces would
require eliminating one unit, which would render the project infeasible. As such, the applicant is
proposing 12 total parking spaces on the site. Carports throughout the development will provide
parking for the residents and their guests and each unit is provided at least one parking space.
Staff encourages carports, in lieu of garages, to encourage parking in the carport and
discourage using the carport as storage. The specific plan does not require on-site guest
parking, as it is designed for the guests to utilize public parking and street parking.
The project complies with all remaining development standards within the specific plan, as
shown in the following table:
Standard Requirement Site
Lot Size 5,000 s.f. 12,023 s.f.
FAR 1.5 .85
Height 4 stories/50’ 2 stories/30’
Lot Coverage 60% 45%
Minimum Unit Size 750 s.f. 822 s.f.
Landscaping 60% 60.1%
Landscaping
The Applicant has provided landscaping along the front, side, and rear of the project. Although
open space is not required within the Downtown Downey Specific Plan, the Applicant is
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providing a small open space of landscaping between the two buildings. The project is not
required to have a common open space area; instead, the applicant has designed the units to
have private open space in the form of a porch and/or deck. According to the Downtown
Downey Specific Plan, “To create incentives for the realization of a vital mixed-use downtown
district within the Downtown Specific Plan area, on-site common and private open space is not
required…” Instead of encouraging multi-family residential properties to enjoy a common space
with their neighbors, the Downtown Downey Specific Plan is designed to encourage residents
within the downtown to enjoy the amenities that are a short walk from their home.
Architecture
The proposed architectural style for these apartments is Spanish. Staff worked very closely with
the Applicant to finalize the design this project to be compatible with the surrounding area, but
also to be a model of architectural excellence. Firstly, Unit 1 has a direct relationship to 4th
Street in that the front door is accessible off 4th Street. The architecture includes classic
Spanish elements, such as a hipped-roof with tiled roofing, crown molding finishes around the
windows, decorative ceramic tile along the stairs and doorways, shutters alongside the
windows, wrought iron balconies, wrought iron coverings over the vents, and wall sconces.
The scale and style of the proposed development is consistent with the existing homes in the
area. Specifically, there are three, two-story duplexes located directly south of the project site.
Additionally, although the single-family home to the west of the site is developed as a single-
story home, they have the ability to build a second story at a maximum height of 28 feet.
Similarly, the houses to the west are consistent with a contemporary Spanish architectural style.
Therefore, the proposed traditional Spanish architecture of the proposed project will be a
welcome and compatible addition to the area.
Architectural Rendering from 4th Street
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Architectural Rendering from 4th Street
Architectural Rendering from alley
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Architectural Rendering from alley
The clean, Spanish look of this development will be a pleasant addition to this area as the
existing site is currently overgrown with landscaping and underutilized for its size.
Noise
Due to the proximity of this project to residential homes, staff is recommending conditions to
mitigate impacts from construction by limiting construction hours from 7:00 a.m. to 7:00 p.m.
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. Construction will not be
allowed outside of these times.
DEVELOPMENT REVIEW COMMITTEE
This project was reviewed by the Development Review Committee on November 2, 2017. No
departments had any concerns regarding the project. As such, standard conditions of approval
have been included in the attached resolution.
ENVIRONMENTAL ANALYSIS
In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has
determined that the proposed development is categorical exempt, pursuant to Section 15332,
(Class 32, Infill Development) of the CEQA Guidelines. Categorical Exemptions are projects,
which have been determined not to have a significant effect on the environment and have been
exempted from the requirements of CEQA. The project is categorically exempted under this
Section because the project is consistent with all applicable general plan designations and
policies; the development is occurring within city limits on a site less than 5 acres; and would not
result in any significant effects.
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FINDINGS
Site Plan Review
In order to approve the Site Plan Review, the following findings must be adopted:
A. The site plan is consistent with the goals and policies embodied in the General
Plan and other applicable plans and policies adopted by the Council.
The proposed Site Plan Review is to support the construction of eight units on the site.
In an overall review of the General Plan, it is staff’s opinion that the proposed eight unit
development is consistent with all of the policies, programs, and goals contained therein.
More specifically, it is a goal of the General Plan (1.3.1.5) to, "Encourage land uses
consistent with the area’s designation as properties recycle.” In 2010, the City of
Downey rezoned the property from R-3 (Multiple-Family Residential) to Downtown
Downey Specific Plan. As such, continuing the objective of building a multiple-family
development on this site. Furthermore, it is an objective of the City’s Housing Element
(Program 5) to increase the overall housing stock within the City. This includes
providing sufficient housing to meet the City’s share of the Regional Housing Needs
Assessment (RHNA). By allowing the proposed project to be constructed, there will be
an eight unit increase to the City’s housing inventory. For these reasons, staff is of the
opinion that approval of the Site Plan Review is consistent with all other goals, policies,
programs, and land uses of applicable elements of the General Plan.
B. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
Article IX of the Municipal Code provides zoning regulations for the development and
use of private property. In this case, the subject site is located within the Downtown
Downey Specific Plan, which contains all of the zoning regulations for the area. It is the
intent of the Downtown Downey Specific Plan to encourage development of property in a
pedestrian oriented scale. This type of development will allow people to live, work, and
seek entertainment opportunities without the need to drive. To maintain the pedestrian
oriented scale, the proposed development includes locating buildings close to the streets
and providing entries along 4th Street. Additionally, the design of the site includes
minimal open space areas to encourage residents to walk to the core of Downtown
Downey and enjoy the amenities available. It is staff’s opinion that the applicant has
designed the development in a manner that accomplishes all of the goals of the General
Plan and Specific Plan, while avoiding significant impacts to the neighboring properties
by utilizing proper site design and good architecture.
C. The proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City.
The proposed architectural style is Spanish. The proposed design is low in scale, with a
maximum height of approximately 27 feet, and contains all the elements associated with
Spanish architecture. Additionally, the Applicant has incorporated landscaping between
the sidewalk on 4th Street and the front porch of Unit 1 to create a buffer between the
sidewalk and the front of the development. It is staff’s opinion that the combination of
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architectural style and proposed landscaping, will serve to enhance the site and provide
an aesthetic enrichment to the entire area, since it is an overall upgrade to the property
and augments the quality of the streetscape.
D. The site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets.
The site layout has two entries, one along 4th Street and one along the alley. This allows
consistent forward movement of all vehicles, including trash trucks, moving vans, and
emergency vehicles. Pedestrian circulation is located along the driveway towards 4th
Street. Sufficient lighting has been included in the plan for tenants to safely enter their
apartments whilst not disturbing the adjacent residents. Staff believes that the functional
aspects of the site development, such as automobile and pedestrian circulation, and the
visual effects of the development from the view of the public streets have been properly
considered in this request.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
In the City of Downey, there is a plethora of architectural styles in the area. The
proposed architectural style is Spanish. Although consistent with some architectural
styles within the community, for example, the contemporary Spanish-styled homes to the
west of the subject site, this development encompasses traditional Spanish features,
such as the decorative tiles along the stairs and doorways, the arched wooden doors,
and the wrought iron railing and balconies. Great thought was also given to the design
as there is articulation in the building elevations and landscaping provided around the
building. Staff is of the opinion that the proposed architectural style is neither dissimilar
nor monotonous from other buildings in the area and this project will upgrade the overall
appearance of the site and, in turn, improve the community appearance.
F. The site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed residential project is for a two-story, eight-unit apartment complex. A
review of the area indicates that a majority of the surrounding properties are residential.
It is staff’s opinion that the surrounding area was taken into consideration in the site
design, including the project entry on 4th Street. This project will result in an aesthetically
pleasing streetscape (in lieu of the vacant house with overgrown brush). This
development, in staff’s opinion, will promote the public health, safety, and welfare of
those who work or reside in the area.
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G. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code.
As part of this project staff is recommending several conditions of approval, which
include the use of graffiti resistant materials in the construction of the building. Should
any graffiti appear on the site, staff has recommended an additional condition of
approval that the applicant have it removed within 48 hours of application. With these
conditions, staff feels that the design features will include be in accordance with Section
4960 of the Municipal Code.
CORRESPONDENCE
Staff has received three (3) letters in support of the project and one (1) petition in opposition of
the project. The petition states concerns for parking, traffic and the perception that the project
does not meet city standards. As shown in this report, this project complies with all of the City’s
development standards. Additionally, parking and traffic will not be an issue in this area due to
the traffic study that was done during the adoption of the Downtown Downey Specific Plan. This
study indicates that there is sufficient capacity for traffic and parking within the immediate and
surrounding areas. All correspondence has been attached to this report.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project
is consistent with the goals and intent of the General Plan and Zoning Code. Furthermore, staff
is concluding that the architectural style of the buildings will complement the area and provide a
general upgrade to the aesthetic quality of the area. As such, staff recommends that the
Planning Commission approve the Site Plan Review (PLN-17-00173), subject to the
recommended conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Correspondence
D. Project Plans
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MAPS
Location
Aerial Photograph
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Zoning Map
Agenda Page 11
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SITE PLAN REVIEW (PLN-17-00173), THEREBY
ALLOWING THE CONSTRUCTION OF A TWO-STORY, EIGHT-UNIT
APARTMENT COMPLEX ON PROPERTY LOCATED AT 8139 4TH STREET,
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
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 October 18, 2017, the applicant submitted a request for a Site Plan Review to allow
the construction of a two-story, eight-unit apartment complex. Due to missing
information on the project plans, staff deemed the application incomplete; and,
B. The applicant submitted the remaining information needed to complete the application.
Accordingly, staff deemed the application complete on April 4, 2018; and,
C. On June 7, 2018, 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 June 20, 2018, 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 it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act. Based on its own analysis and consideration, it was found that the project is
categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, Infill
Development). The Planning Commission finds the project is consistent with all applicable
general plan designations and policies; the development is occurring within city limits on a site
less than 5 acres; and would not result in any significant effects.
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:
A. The site plan is consistent with the goals and policies embodied in the General Plan and
other applicable plans and policies adopted by the Council. The proposed Site Plan
Review is to support the construction of eight units on the site. In an overall review of
the General Plan, the proposed eight unit development is consistent with all of the
policies, programs, and goals contained therein. More specifically, it is a goal of the
General Plan (1.3.1.5) to, "Encourage land uses consistent with the area’s designation
as properties recycle.” In 2010, the City of Downey rezoned the property from R-3
(Multiple-Family Residential) to Downtown Downey Specific Plan. As such, continuing
the objective of building a multiple-family development on this site. Furthermore, it is an
objective of the City’s Housing Element (Program 5) to increase the overall housing
stock within the City. This includes providing sufficient housing to meet the City’s share
of the Regional Housing Needs Assessment (RHNA). By allowing the proposed project
Agenda Page 12
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 2
to be constructed, there will be an eight unit increase to the City’s housing inventory.
For these reasons, approval of the Site Plan Review is consistent with all other goals,
policies, programs, and land uses of applicable elements of the General Plan.
B. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. Article IX of the Municipal Code provides
zoning regulations for the development and use of private property. In this case, the
subject site is located within the Downtown Downey Specific Plan, which contains all of
the zoning regulations for the area. It is the intent of the Downtown Downey Specific
Plan to encourage development of property in a pedestrian oriented scale. This type of
development will allow people to live, work, and seek entertainment opportunities without
the need to drive. To maintain the pedestrian oriented scale, the proposed development
includes locating buildings close to the streets and providing entries along 4th Street.
Additionally, the design of the site includes minimal open space areas to encourage
residents to walk to the core of Downtown Downey and enjoy the amenities available.
The applicant has designed the development in a manner that accomplishes all of the
goals of the General Plan and Specific Plan, while avoiding significant impacts to the
neighboring properties by utilizing proper site design and good architecture.
C. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site, the immediate neighborhood, and the surrounding areas of the City. The proposed
architectural style is Spanish. The proposed design is low in scale, with a maximum
height of approximately 27 feet, and contains all the elements associated with Spanish
architecture. Additionally, the Applicant has incorporated landscaping between the
sidewalk on 4th Street and the front porch of Unit 1 to create a buffer between the
sidewalk and the front of the development. The combination of architectural style and
proposed landscaping, will serve to enhance the site and provide an aesthetic
enrichment to the entire area, since it is an overall upgrade to the property and
augments the quality of the streetscape.
D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The site layout has two entries, one along 4th Street and one along the alley. This allows
consistent forward movement of all vehicles, including trash trucks, moving vans, and
emergency vehicles. Pedestrian circulation is located along the driveway towards 4th
Street. Sufficient lighting has been included in the plan to tenants to safely enter their
apartments whilst not disturbing the adjacent residents. The functional aspects of the
site development, such as automobile and pedestrian circulation, and the visual effects
of the development from the view of the public streets have been properly considered in
this request.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities. In
the City of Downey, there are a virtual plethora of architectural styles in the area. The
proposed architectural style is Spanish. Although consistent with some architectural
styles within the community, this development encompasses traditional Spanish
features, such as the decorative tiles along the stairs and doorways, the arched wooden
doors, and the wrought iron railing and balconies. Great thought was also given to the
Agenda Page 13
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 3
design as there is articulation in the building elevations and landscaping provided around
the building. The proposed architectural style is neither dissimilar nor monotonous from
other buildings in the area and this project will upgrade the overall appearance of the site
and, in turn, improve the community appearance.
F. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The proposed residential
project is for a two-story, eight-unit apartment complex. A review of the area indicates
that a majority of the surrounding properties are residential. The surrounding area was
taken into consideration in the site design, including the project entry on 4th Street. This
project will result in an aesthetically pleasing streetscape (in lieu of the vacant house
with overgrown brush). This development will promote the public health, safety, and
welfare of those who work or reside in the area.
G. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. As part of this project, several conditions of
approval have been added to address graffiti, which include the use of graffiti resistant
materials in the construction of the building. Should any graffiti appear on the site, the
applicant must remove it within 48 hours of application. With these conditions, the
design features will include be in accordance with Section 4960 of the Municipal Code.
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 adopts a Site Plan Review (PLN-17-
00173), subject to conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
Signatures on next page
Agenda Page 14
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 4
PASSED, APPROVED AND ADOPTED this 20th day of June, 2018.
Patrick Owens, 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 20th day of June,
2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 15
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 5
SITE PLAN REVIEW (PLN-17-00173)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review (PLN-17-00173) allows for the construction of a
two-story, eight-unit apartment complex.
2) Site Plan Review (PLN-17-00173) shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) Prior to the submittal of plans into Building and Safety Plan Check, the applicant and the
property owner shall sign an affidavit of Acceptance of Conditions, as provided by the
City of Downey.
6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and
8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of
these hours.
7) All exterior lights on the property shall be LED and shall be directed, positioned, and/or
shielded such that they do not illuminate surrounding properties and the public right-of-
way.
8) The approved architectural style shall be Spanish 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) There shall be no roof mounted equipment including, but not limited to, HVAC
equipment. All exterior HVAC equipment shall be ground mounted and screened from
view. No HVAC equipment shall be located between the buildings and the public rights-
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Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 6
of-way. There shall be no window or wall mounted HVAC equipment. This condition
shall not be interpreted to restrict photovoltaic panels mounted to the roof.
10) 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.
11) Any graffiti applied to the site shall be removed within 48 hours.
12) 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.
13) 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.
14) All above grade back-flow preventers, and check valves shall be painted green and
screened from view from the public right-of-way.
15) 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.
16) 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.
17) All attic venting shall be architecturally consistent with the buildings, as determined by
the City Planner. Dormer vents and/or turbine vents shall not be permitted.
18) Carports must be used for parking and not storage, except where designated storage
cabinets are provided in the approved plans.
19) Each unit must be assigned one (1) parking space and shall be marked as such.
BUILDING
20) The building shall be pre-wired for solar installation and EV chargers.
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.
Agenda Page 17
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 7
FIRE
23) Premises shall be appropriately addressed. An approved address identification shall be
provided that is legible and placed in a position that is visible from the street/road. Sizing
shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code
§505.1].
24) Provide key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1].
25) Installation of any security gates across fire department access road; or which may
interfere with fire access, shall be approved by the fire department [CA Fire Code
§503.6].
26) Dead-end access roads in excess of 150 feet in length shall be provided with an
approved area for turnaround of fire apparatus [CA Fire Code §503.2.5]. Approved
turnaround shall be provided; propose use of the alley for fire apparatus turnaround is
not approved – not acceptable design [CA Fire Code §503.2.4].
27) Fire apparatus access road shall have unobstructed width of not less than 20 feet [CA
Fire Code §503.2.1]. If height of development between grade plane and highest roof
surface exceeds 30 feet, fire apparatus road shall be 26 feet in width [CA Fire Code
D105.2].
28) Fire lane designation and stripping shall adhere to sign requirements set forth in Fire
Code and Downey Municipal Code [CA Fire Code D103.6; DMC 3327].
29) Deferred automatic fire sprinkler plan submittal required for Residential Group R-2
occupancy. Automatic fire sprinkler system design, installation, and testing shall be per
NFPA 13R [CFC § 903]. Automatic fire sprinkler system shall be monitored for water
flow.
30) Deferred fire alarm and detection system plan submittal required. Automatic fire alarm
and detection system design, installation, and testing shall be per NFPA 72 [CFC § 907].
Fire alarm manual system shall be installed in Group R-2 Occupancies per NFPA 72 and
CFC §907.2.9 unless exceptions in §907.2.9.1 apply.
31) Smoke alarm shall installed in Group R-2 on ceiling or wall or each separate sleeping
areas, rooms used for sleeping, in each story within the dwelling [CA Fire Code
§907.2.11.2].
32) Fire Extinguishers CA Fire Code 906.
PUBLIC WORKS
33) All on-site public utilities shall be installed underground.
34) Proposed public improvements shall comply with the latest edition of Standard Plans
and Specifications for Public Works Construction, City of Downey standards and the
Americans with Disabilities Act (ADA).
Agenda Page 18
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 8
35) Obtain permits from the Public Works Department for all improvements within the public
right of way at least two weeks prior to commencing work. Contact Brian Aleman,
Assistant Civil Engineer I, at (562) 904-7110 for information.
36) Remove and replace damaged, uneven or sub-standard curb, gutter, sidewalk,
driveway, disabled ramps, and pavement to the satisfaction of the Public Works
Department. Contact the Public Works Inspector at (562) 904-7110 to identify the limits
of the areas to be removed and replaced at least 48 hours prior to commencing work.
37) Submit public improvement plan(s) for review and approval by Public Works
Department.
38) All unused driveways shall be removed and constructed with full-height curb gutter, and
sidewalk to match existing improvements.
39) Construct two (2) parkway trees. 36-inch box street trees at the parkway on Fourth
Street frontage. The species of any new street trees to be planted shall be in
accordance with the City’s Tree Master Plan and approved by the City Planner prior to
planting.
40) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
41) Construct new driveways at least five (5) feet away from any above-ground obstructions
in the public right-of-way to the top of the driveway “X.” Otherwise, the obstruction shall
be relocated at the applicant’s expense. Ensure that each driveway provides proper
pedestrian access across, in compliance with ADA standards. The final layout and site
driveway design shall be subject to the review and approval by the Public Works
Department.
42) Paint property address numbers (4” height) on the curb face in front of the proposed
development to the City’s satisfaction.
43) Drive approaches shall match driveway width as specified in City standard drawing No.
20.
44) The owner/applicant shall furnish and install separate water service lines, meters, and
boxes for each tenant space. Connect new separate water service lines to existing 4-
inch main located on Fourth Street.
45) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances as required. New fire service lateral(s) shall be connected to
existing four-inch main located on 4th Street and shall be dedicated for fire service only.
46) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
Agenda Page 19
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 9
County Department of Public Health. Backflow devices shall be located on private
property, readily accessible for emergency and inspection purposes, and screened from
view by providing sufficient landscaping.
47) Backflow devices shall be certified in the field by a licensed LA County Department of
Public Health certified tester prior to placing into service and such certification provided
to City.
48) Owner or tenant must establish accounts with the City Cashier prior to the City activating
and the tenant using any fire, potable, or recycled water service and meter.
49) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of the following:
a) Potable Water Improvement Plans (all City-owned potable water and fire service
lateral improvements)
b) Recycled Water Main Improvement Plans.
c) Final City approved potable water main improvement plans shall be submitted on
mylars and shall be signed and stamped by a State of California licensed civil
engineer.
d) Improvement plans for potable water main improvements shall be plan and
profile.
50) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters, and appurtenances.
51) 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 landscaping shall incorporate ground covers, shrubs
and trees to the maximum extent possible;
b) Drip and micro spray irrigation shall maximize the use of drip irrigation and micro-
spray systems to the maximum extent possible; and
c) Latest Green Code standards for water fixtures, etc.
52) Submit a copy of the sewer plans to the City and to the Sanitation Districts of Los
Angeles County for review and approval. Contact Los Angeles County Sanitation
District for their requirement.
53) The owner/applicant shall consult the Department of Public Works to determine the
sewer location and design requirements.
54) All lots shall be served by adequately sized water supply facilities, which shall include
fire hydrants of the size, type and location approved by the Fire Chief.
55) The water mains shall be of sufficient size to accommodate the total domestic and fire
flow required for the subdivision. The domestic/fire water flows required are to be
checked and approved by the Dept. of Public Works or the water provider for size and
velocity. Fire flows required are to be determined by the Fire Chief.
Agenda Page 20
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 10
56) The owner/applicant shall conduct a sewer capacity study of site.
57) Any deviation from the city standards in constructing the water and sewer lines shall be
approved by the Los Angeles County Health Department.
58) 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)
accompanied by a soil and geology report 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 all building pad and other elevations, dimensions/location of
existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway
and driveway widths, catch basins, pedestrian ramps); the width and location of all
existing and proposed easements, the dimensions and location of proposed dedications;
(for alley dedications, show elevations of the four corners of the dedication and
centerline of alley, existing and proposed underground utility connections); the location,
depth and dimensions of potable water, reclaimed water and sanitary sewer lines;
chemical and hazardous material storage, if any, including containment provisions; and
the type of existing use, including the gross square footage of the building and its
disposition; construction details of drainage devices and details of Low Impact
Development (LID) plan.
59) The drainage plan must provide for each lot having an independent drainage system to
the public street, to a public drainage facility, or by means of an approved drainage
easement. Historical or existing storm water runoff from adjacent lots must be received
and directed by gravity to the street, a public drainage facility or an approved drainage
easement. The owner/applicant shall comply with the National Pollutant Discharge
Elimination System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC);
and the Low Impact Development (LID) Plan. If any hazardous material is encountered
on the site that has the potential to reach the ground water supply, the owner/applicant
shall secure a permit for the State Regional Water Quality Control Board. If any
hazardous material is encountered on the site, the owner/applicant shall secure an ID
number from the EPA. The owner/applicant shall deploy Best Management Practices
during and after construction.
60) 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.
61) The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling facilities. Trash enclosure shall include roof cover, floor drain connection to
grease interceptor and water hose bib connection for maintenance.
62) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
Agenda Page 21
Resolution No. 18-
Downey Planning Commission
8139 4th Street – PLN-17-000173
June 20, 2018 - Page 11
63) Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base,
and a minimum 2-1/2” thick asphalt concrete pavement. Construct Pavement on-site
parking and circulation areas as required by a pavement engineering or geotechnical
report prepared by a Registered Civil Engineer, subject to the review and approval of the
Public Works and Community Development Departments.
64) Remove all construction-related Underground Service Alert (USA) temporary pavement
markings created as part of this project within the public-right-of-way in a timely manner.
65) The owner/applicant must comply with all applicable Federal, State and local rules and
regulations, American Disabilities Act (ADA), including compliance with South Coast Air
Quality Management District (SCAQMD) regulations.
END OF CONDITIONS
Agenda Page 22
Agenda Page 23
Agenda Page 24
Agenda Page 25
Agenda Page 26
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0.1 0.2 0.3 0.5 0.8 1.2 1.9 1.9 1.0 18.8 1.5 1.6
0.1 0.2 0.3 0.4 0.7 1.4 2.8 6.3 4.0 17.7 5.1 2.7
0.2 0.2 0.4 0.7 1.5 3.1 10.7 9.0 0.8 0.9 1.4 1.0 2.5 1.4 0.5 1.2 1.0 0.6 1.1 15.6 1.5 1.2 1.5 0.6 1.0 1.1 0.7 0.6 11.6 3.5
0.1 0.2 0.3 0.6 1.1 2.0 4.0 4.0 10.5 10.3 4.7 12.7 9.7 10.6 12.2 4.5 11.1 11.1 4.3 5.7 7.7 14.5 5.3 8.1 14.3 8.3 14.6 5.2 6.5 13.0 3.9 2.6 4.0 2.0
0.1 0.2 0.3 0.4 0.6 1.0 1.7 2.2 5.0 5.8 4.0 6.4 6.6 6.2 6.4 4.3 5.7 6.1 3.3 3.2 4.7 6.5 4.4 5.4 6.4 6.4 6.8 4.4 4.5 6.1 3.4 1.5 1.5 0.9
0.1 0.2 0.3 0.4 0.6 1.1 1.6 2.5 2.8 2.7 3.3 3.4 3.4 3.3 2.8 3.0 2.9 2.1 2.1 2.6 3.2 2.9 3.0 3.5 3.4 3.3 2.7 2.5 2.6 1.7 0.8 0.8 0.5
0.1 0.1 0.2 0.3 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.4 0.3
0.1 0.1 0.1 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2
0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1
A
g
e
n
d
a
P
a
g
e
3
2