HomeMy WebLinkAbout2. PLN-19-00029 - 10341 Western Ave.STAFF REPORT
PLANNING DIVISION
DATE: APRIL 17, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
PREPARED BY: ALFONSO HERNANDEZ, ASSOCIATE PLANNER
SUBJECT: PLN-19-00029 (TENTATIVE TRACT MAP NO. 74870) – A REQUEST
FOR APPROVAL OF A TENTATIVE TRACT MAP TO ESTABLISH
CONDOMINIUMS, IN RELATION TO A PREVIOUSLY APPROVED
EIGHT-UNIT RESIDENTIAL DEVELOPMENT (PLN-15-00168)
LOCATION: 10341 WESTERN AVENUE
ZONING: R-3 (MULTIPLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
This is a request to correct previously approved Tentative Tract Map No. 72769 (PLN-15-00210,
Resolution No. 16-2974) to subdivide an existing property into eight (8) condominiums and a
private driveway. The modifications to the previous approval consists of a change to the
tentative tract map number from the incorrect No. 72768 to the correct Tentative Tract Map
No. 74870.
Based on the analysis contained in this report, staff recommends that the Planning Commission
adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING TENTATIVE TRACT MAP NO. 74870 (PLN-19-0029) LOCATED AT 10341
WESTERN AVENUE AND ZONED R-3 (MULTIPLE-FAMILY RESIDENTIAL)
BACKGROUND
The previous Site Plan Review and Tentative Tract Map were approved on April 6, 2016. A
revision to the previously approved Tentative Tract Map application is being filed because of an
incorrect tract map number.
The approved Site Plan Review consists of eight 1,412 square foot three story units. As of the
date of this report, the project has been approved for building permits. However, permits will not
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10341 Western Ave. – PLN-19-00029
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be issued until the appropriate Tract Map No. 74870 is recorded with the Los Angeles County
Recorder.
The corresponding staff report and resolution for the previously approved Site Plan Review
(PLN-15-00168 and Resolution No. 16-2974) are provided as Exhibits ‘A’ and ‘B’. Please
reference these documents for project descriptions and information.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed map for compliance with the California Environmental Quality
Act (CEQA). Compliance is required once again due to the submittal of a new application and
new action taken by the Planning Commission (per Article 1, Section 15002 of the California
Environmental Quality Act). Upon completion of this review, it is again determined that this
request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1,
Existing Facilities).
FINDINGS
Pursuant to the requirements of the Subdivision Map Act, staff recommends that the Planning
Commission make the following findings to approve the request:
1. That the proposed map is consistent with applicable general and specific plans.
It is staff’s opinion that the proposed map is consistent with the City’s General Plan. The
map most closely helps promote Policy 1.4.3. (relating to promoting home ownership).
This item is language most applicable to subdivisions involving condominiums.
Policy 1.4.3 – Promote home Ownership
Program 1.4.3.1. Promote ownership-based housing, such as condominiums,
townhouses, and planned unit developments.
The above policy is applicable to and promoted the proposed map because the project
involves the construction of condominiums. Thus the General Plan must encourage the
proposed map because in order to establish common ownership property, such as
condominiums, a tentative tract map must be accompanied and approved.
2. The design or improvements of the proposed subdivision is consistent with
applicable general and specific plans.
It is staff’s opinion that the improvements of the proposed subdivision is consistent with
the intent and purpose of the City’s General Plan. Specifically, the project will increase
housing inventory and will do so on a site with under-utilized density. The following
policy is promoted by the proposed tentative tract map:
Policy 2.2 – Encourage infill development and recycling of land to provide adequate
residential sites.
The TTM promotes the above policy by utilizing an already developed lot (with multiple
residential units) to create additional dwelling units. In addition, the project also helps the
site reach its appropriate density capacity of eight units. The project site is ideal for this
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10341 Western Ave. – PLN-19-00029
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type of construction due to its zoning, general plan designation, available infrastructure,
and close proximity to similarly dense residential developments.
3.That the site is physically suitable for the type of development.
The site can be described as regular (in-terms of shape or slope) and holds
characteristics common for properties with similar uses and nearby infrastructure. In
addition, the development project was previously approved and was found to comply
with all relevant development standards, including but limited to setbacks, height,
parking, landscaping, and open space. These characteristic will remain unchanged.
4.That the site is physically suitable for the proposed density of development.
The subject property is approximately 15,261.71 square feet (.35 acres), and is allowed
a maximum density of eight units per section 9312.08 of the Downey Municipal Code.
This is also consistent with density policy set forth in the City’s General Plan.
Characteristics of the previously approved condominium development, as they pertain to
density, will remain unchanged. Furthermore, the lot is adequately served by existing
roadways and infrastructure.
5.That the design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage or substantially and avoidably injure
wildlife or their habitat.
The project site is in an urban setting surrounded by urban uses. There are also no known
wildlife habitats within the City. In addition, the subject property is an already developed lot
with two separate residential properties. Therefore, the proposed map and development will
not cause or contribute to impacts not already existing on the site or in the general area. In
addition, environmental impacts related to noise, traffic, light, and aesthetics have been
have been identified as negligible and compliant with categorical exemptions from the
California Environmental Quality Act.
6.That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the project has been carefully laid out to avoid conditions that could result in
serious public health problems. Pedestrian circulation is separated from vehicle traffic with
the use of walkways that connect all entrances to the units along the north and south sides
of the property. It is staff’s opinion that this site layout works best to facilitate vehicle
movement while maximizing pedestrian safety. Accordingly, staff believes that the
functional aspects of the site development from the view of the public street have been
properly considered in the request.
7.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 with the proposed subdivision.
The review of the Tentative Tract Map and title report reflect no such easements within the
subject property. Overhead utility lines are present along the street frontage, but are
located on the public right-of-way. Furthermore, the project will result in a five foot land
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dedication along the front of the subject site. This will move the parcel and future
development further away from the existing utility lines.
CORRESPONDENCE
Staff had not received any correspondence as of the date this report was prepared.
EXHIBITS
A. April 6, 2016 Staff Report PLN-15-00168
B. April 6, 2016 Resolution No. 16-2974
C. Draft Resolution
D. Tentative Tract Map
PC Agenda Page 4
Exhibit A -1
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Exhibit A -2
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Exhibit A -3
PC Agenda Page 7
Exhibit A -4
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Exhibit A -5
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Exhibit A -6
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Exhibit A -7
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Exhibit A -8
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Exhibit A -9
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Exhibit A -10
PC Agenda Page 14
Exhibit A -11
PC Agenda Page 15
RESOLUTION NO. 16 -2974
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -15 -00210 (TENTATIVE MAP NO. 72768) AND
SITE PLAN REVIEW (PLN -15- 00168), THEREBY ALLOWING THE
SUBDIVISION OF 15,261 SQUARE FEET OF LAND INTO EIGHT (8)
CONDOMINIUMS AND A PRIVATE DRIVEWAY AT 10341 -10349 WESTERN
AVENUE AND ZONED R -3 (MULTIPLE- FAMILY RESIDENTIAL)
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 August 11, 2015, the Applicant submitted a Land Use Permit Application to construct
an eight unit condominium project on the subject property, which is located at 10341 —
10349 Western Avenue, and the Applicant submitted a Subdivision Application for the
project on October 19, 2015.
B. On March 24, notice of the pending application was published in the Downey Patriot and
mailed to all property owners within 500' of the subject site.
C. The Planning Commission held a duly noticed public hearing on April 6, 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 development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In -Fill Development
Projects).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Tentative Tract Map, the Planning Commission further finds,
determines and declares that:
That the proposed map is consistent with the General Plan. The City of Downey
Housing Element has adopted policies to provide adequate sites and zoning to
encourage and facilitate a range of housing to address the regional fair share allocation
Policy 2.1) and encourage infill development and recycling of land to provide adequate
residential sites (Policy2.2). Approval of the Tentative Parcel Map 72768 will result in an
increase to the City's housing inventory; consequently, approval of Tentative Parcel Map
72768 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 R -3 (Multiple - Family
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
Exhibit B - 1 PC Agenda Page 16
Resolution No. 16 -2974
Downey Planning Commission
property for eight (8) 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 15,261.71 square feet of land (0.350 acre), 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 eight (8) condominiums Tentative
Parcel Map 72768 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. Pedestrian circulation is
separated from vehicle traffic with the use of walkways that connect all entrances to the
units along the north and south sides of the property. It is staff's opinion that this site
layout works best to facilitate vehicle movement while maximizing pedestrian safety.
Accordingly, staff believes that the functional aspects of the site development, such as
automobile and pedestrian circulation, and the visual effects of the development from the
view of the public streets have been properly considered in this request.
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. The design of this residential project will not conflict with
easements needed by any public agency or utility purposes. All such easements either
do not exist or have been noted and reserved.
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 proposed eight -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.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
The site plan is consistent with the goals and polices embodied in the General Plan and
other applicable plans and policies adopted by the Council. The goals and policies of
the Downey General Plan (Vision 2025) pertinent to the proposed project are addressed
as follows: Goal 2.5 of the Circulation Element is, "Address the impacts from the lack of
parking," while Policy 2.5.1 seeks to provide for adequate parking to meet parking
demands. Multiple - family dwellings require two parking spaces within an enclosed
garage plussh parking space per unit for guest parking. Therefore, the eight -unit
condominium development requires 20 off - street parking spaces. PLN -15 -00168
proposes two -car garages for each unit and four (4) designated guest parking spaces
that are located at the rear of the site. As such, the proposed site plan meets the
quantity of off - street parking spaces required for multiple - family residential developments
by providing sixty parking spaces.
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 (Site Plan Review) 11341 -11349 Western Avenue
April 6, 2016 - Page 2Exhibit B - 2 PC Agenda Page 17
Resolution No. 16 -2974
Downey Planning Commission
Goal 81 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 eight condominiums in a Ranch
architectural style.
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. The subject property is within the R -3
Medium - Multiple Residential) zone. 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. Several multiple family
developments exist on Western Avenue and in the vicinity, which allows the proposed
project to maintain its compatibility with surrounding uses.
3. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site,. the immediate neighborhood, and the surrounding areas of the City. The proposed
Ranch" architectural style will enhance the character of the project and integrate it
harmoniously into the surrounding area. Locating the four guest parking spaces at the
rear of the property outside away from public view will enhance the project's appearance
further. The architectural style of the two buildings, coupled with the proposed
landscaping, will enhance the site and enhance the surrounding area.
4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The plan calls for a private driveway to run down the center of the property, extending
from the front of the site to the rear. It will provide direct access to the garages of the
eight units and to four guest parking spaces at the rear of the site. The appearance of
the driveway and walkway areas will be enhanced by incorporating colored concrete,
concrete pavers and crushed granite gravel.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The proposed condominiums will convey a Ranch architectural design that utilizes
concrete tile roofing materials, "Hardie" Plank siding, stone veneer, window shutters,
decorative window moldings, and cement plaster finishes to convey this style. The
proposed dwellings will incorporate common materials and features found on many
buildings in the vicinity.
6. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The existing square- shaped lot
that is relatively flat and developed with a single - family residence that has a curvilinear
driveway leading to a garage and a concrete pad with three marked parking spaces in
the front yard. These elements will be removed for the proposed development. Approval
of the proposed project will facilitate construction of an eight -unit condominium
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 (Site Plan Review) 11341 -11349 Western Avenue
April 6, 2016 - Page 3Exhibit B - 3 PC Agenda Page 18
Resolution No. 16 -2974
Downey Planning Commission
development, which will upgrade the visual character or quality of the site and its
surroundings and enhance the streetscape on Western Avenue.
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. The Conditions of Approval for PLN -15 -00168 will
include a condition stating that the design features will incorporate graffiti resistant
materials.
SECTION 5. Based upon the findings set forth in Sections 1 through 5 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Tentative
Tract Map and Site Plan Review, 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.
SECTION 6. The Secretary shall certify the adoption of this Resolution
PASSED, APPROVED AND ADOPTED this 6th day of April, 2016.
atias 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 6th day of April,
2016, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Morales and Lujan
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
Mary Cav nagh, Secretary
City Planning Commission
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 (Site Plan Review) 11341 -11349 Western Avenue
April 6, 2016 - Page 4Exhibit B - 4 PC Agenda Page 19
Resolution No. 16 -2974
Downey Planning Commission
EXHIBIT A— CONDITIONS OF APPROVAL
PLN -15 -00210 (TENTATIVE TRACT MAP NO. 72768)
and
PLN -15 -00168 (SITE PLAN REVIEW)
PLANNING
The approval of Tentative Tract Map No. 72768 (PLN -15- 00210) and Site Plan Review
PLN -15- 00168) allows for the construction of a of an eight -unit condominium
development on property located at 11341 -11349 Western Avenue as shown on the
approved plans dated, April 6, 2016. Deviations or exceptions from this plan shall not be
permitted without the approval of the City Planning Commission.
2. Approval of Tentative Tract Map No. 72768 and Site Plan Review shall not be construed
to mean any waiver of applicable and appropriate zoning regulations, or any Federal,
State, County, and City laws and regulations. Unless otherwise expressly specified, all
other requirements of the City of Downey Municipal Code shall apply.
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 issuance of building and /or grading permits, the Final Tract Map No. 72768
shall be approved by the City and recorded with the Los Angeles County Recorder. PLN -
14 -00214 (Conditional Use Permit) shall not become effective until the Downey City
Council approves Final Parcel Map No. 73738, and said Map is recorded with the Los
Angeles County Recorder
6. Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
There shall be no construction on the site outside of these hours.
7. All lights on the property 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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April 6, 2016 - Page 5Exhibit B - 5 PC Agenda Page 20
Resolution No. 16 -2974
Downey Planning Commission
8. There shall be no roof mounted equipment permitted at any time. 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.
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.
10. Any graffiti applied to the site shall be removed within 48 hours.
11. All developments in excess of $500,000.00 valuation that involve the construction or
reconstruction of commercial uses shall be subject to the Public Arts Program. The
Applicant shall either install public art on the property or pay a cash payment, not to
exceed one hundred and fifty thousand dollars ($150,000.000), equal to the public arts
fee in accordance with the City of Downey Manual for Art in Public Places.
12. Prior to the issuance of building permits, the applicant shall obtain approval from the City
Planner of all landscaping. The size and number of landscaping shall meet the
requirements of Municipal Code Section 9520. The mature trees (36" and 48" box trees)
shall be planted along the rear property line to screen the view of the building from the
neighboring property. Trees that have large canopies and maintain foliage year round
shall be preferential for the trees along the rear property line. All landscape shall be
installed and permanently maintained.
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. The finish colors and materials for the units shall be as follows:
Material
Concrete Roofing Tile
Exterior Wall - Stucco
Fascia Board, Balcony Trellis and Railing,
and Window Trim
Stone Veneer
Hardie Plank Siding
Color
Eagle 'Capridrano'
Adobe Blend
La Habra
Fallbrook"
Dunn Edwards 'Iron River'
DEA 176
El Dorado 'Mountain Ledge Sierra'
Dunn Edwards 'Mesa Tan'
DEC 718
16. Changes to the facades and /or colors shall be subject to the review and approval of the
City Planner.
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.
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April 6, 2016 - Page 6Exhibit B - 6 PC Agenda Page 21
Resolution No. 16 -2974
Downey Planning Commission
18. All open parking spaces shall be limited to 72 -hour parking only and be duly marked.
Open parking spaces shall not be assigned.
19. 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, and internal streets and walkways. Additionally, the CC &R's shall
require the following:
b) Require all garages be maintained in a manner to accommodate two vehicles at
all times,
C) Require all guest parking spaces be duly marked and not assigned to the
residents,
d) Shall prohibit parking anywhere on the site, except in the garages and marked
guest parking spaces.
CC &R's shall run with the land and shall not expire. Prior to the recording of the
CC &R's the applicant shall submit the CC &R's to the City Attorney for review and
approval. A copy of the recorded CC &R's shall be provided to the City Planner to be
included with the project file.
20. 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.
21. Prior to the recording of the Final Tract Map, the applicant shall pay all Park in -lieu fees,
as required by Municipal Code Section 9931.8.
22. All perimeter walls on the property shall be decorative block, as approved by the City
Planner.
23. The Applicant shall provide brochures of the proposed paving materials prior to the
issuance of building permits.
24. 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.
25. 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.
26. Additional LED lighting shall be added to the front and rear elevations to include the
trash, trellis, and barbecue areas.
BUILDING
24. All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
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April 6, 2016 - Page 7Exhibit B - 7 PC Agenda Page 22
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Downey Planning Commission
25. Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
PUBLIC WORKS
26. The owner /applicant shall install all new utilities underground.
27. The owner /applicant shall be required to complete a construction & demolition (C &D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
28. All driveway approaches shall be as wide as the driveway or parking aisle they serve.
All unused driveways shall be removed and reconstructed with full- height curb, gutter
and sidewalk.
29. The owner /applicant shall install pavement, which consists of a minimum section of 4"
thick aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement.
30. The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
31. The owner /applicant shall furnish and install a (min. 1 -inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
32. 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.
33. The owner /applicant shall construct/install curb, gutter, sidewalk, disabled ramps,
Portland cement concrete driveway approaches, street trees (24 -inch box with 2 -inch
diameter trunk), and pavement along all property frontage to the standards of the
Department of Public Works. Broken, uneven, or sub - standard curb, gutter, sidewalk,
driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the
Public Works Department. Contact the Public Works Inspection Office at (562) 904-
7110 to have these areas identified just prior to initiating a grading plan. The
owner /applicant shall obtain all necessary plan approvals and permits and shall provide
that the standards of improvements, construction materials, and methods of construction
shall be in conformance with the Standard Plans and Specification for Public Works
Construction and as modified by the City of Downey's Standard Plans and
Specifications.
34. The owner /applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
35. The owner /applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
36. The Applicant shall comply with the National Pollutant Discharge Elimination System
NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 ( Site Plan Review) 11341 -11349 Western Avenue
April 6, 2016 - Page 8Exhibit B - 8 PC Agenda Page 23
Resolution No. 16 -2974
Downey Planning Commission
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).
37. 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.
38. The owner /applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
39. The owner /applicant shall install a sewer main and sewer lateral (to the front property
line), 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.
40. If applicable, the owner /applicant shall prepare a site drainage plan for the site (prepared
and sealed by a registered civil engineer in the State of California) for approval by the
Downey Engineering Division and Building and Safety Division. All lot(s) shall not have
less than one percent (1 %) gradient on any asphalt or non -paved surface, or less than
one quarter percent (1/4 %) gradient on any concrete surface.
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 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.
43. The owner /applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
44. 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.
45. The owner /applicant shall furnish and install dedicated fire protection lateral(s) 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.
FIRE DEPARTMENT
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 (Site Plan Review) 11341 -11349 Western Avenue
April 6, 2016 - Page 9Exhibit B - 9 PC Agenda Page 24
Resolution No. 16 -2974
Downey Planning Commission
46. Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
47. A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a `Deferred Submittal' in which
additional requirements to meet the code may be added.
PLN -15 -00210 (Tentative Tract Map) and 15 -00168 (Site Plan Review) 11341 -11349 Western Avenue
April 6, 2016 - Page 10Exhibit B - 10 PC Agenda Page 25
RESOLUTION NO. 19-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING TENTATIVE TRACT MAP NO. 74870 (PLN-19-0029) LOCATED AT
10341 WESTERN AVENUE AND ZONED R-3 (MULTIPLE-FAMILY RESIDENTIAL)
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 April 6, 2016, the Planning Commission approved PLN-15-00168 and PLN-
15-00210, for Tentative Tract Map No. 72768 and a Site Plan Review to approve
an eight unit condominium development; and,
B.On February 19, 2019, Richard Chen (hereinafter “applicant”), submitted a
request to amend the previously approved Tentative Tract Map, which will result
in a change to the Tentative Tract Map number; and,
C.On March 15, 2019, the application was deemed complete.
D.On April 4, 2019, a notice of the public hearing was sent to all property owners
within 500’ of the subject site and the notice was published in Downey Patriot;
and,
G. The Planning Commission held a duly noticed public hearing on April 17, 2019,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that the
environmental impacts of the proposed project was reviewed for compliance with the California
Environmental Quality Act (CEQA), and is categorially exempt from CEQA, pursuant to
Guideline Section 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Tentative Tract Map, the Planning Commission further finds,
determines and declares that:
A.That the proposed map is consistent with applicable general and specific plans.
The map most closely helps promote Policy 1.4.3. (relating to promoting home
ownership). This item is language most applicable to subdivisions involving
condominiums.
Policy 1.4.3 – Promote home Ownership
Program 1.4.3.1. Promote ownership-based housing, such as
condominiums, townhouses, and planned unit developments.
The above policy is applicable to and promoted the proposed map because the
project involves the construction of condominiums. Thus the General Plan must
encourage the proposed map because in order to establish common ownership
property, such as condominiums, a tentative tract map must be accompanied
and approved.
PC Agenda Page 26
Resolution No. 19-
Downey Planning Commission
PLN-19-00029 – 10341 Western Ave.
April 17, 2019 - Page 2
B.The design or improvements of the proposed subdivision is consistent with
applicable general and specific plans. Specifically, the project will increase
housing inventory and will do so on a site with under-utilized density. The
following policy is promoted by the proposed tentative tract map:
Policy 2.2 – Encourage infill development and recycling of land to provide
adequate residential sites.
The TTM promotes the above policy by utilizing an already developed lot (with
multiple residential units) to create additional dwelling units. In addition, the
project also helps the site reach its appropriate density capacity of eight units.
The project site is ideal for this type of construction due to its zoning, general
plan designation, available infrastructure, and close proximity to similarly dense
residential developments.
C.That the site is physically suitable for the type of development. The site can be
described as regular (in-terms of shape or slope) and holds characteristics
common for properties with similar uses and nearby infrastructure. In addition,
the development project was previously approved and was found to comply with
all relevant development standards, including but limited to setbacks, height,
parking, landscaping, and open space. These characteristic will remain
unchanged.
D.That the site is physically suitable for the proposed density of development. The
subject property is approximately 15,261.71 square feet (.35 acres), and is
allowed a maximum density of eight units per section 9312.08 of the Downey
Municipal Code. This is also consistent with density policy set forth in the City’s
General Plan. Characteristics of the previously approved condominium
development, as they pertain to density, will remain unchanged. Furthermore, the
lot is adequately served by existing roadways and infrastructure.
E.That the design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage or substantially and avoidably injure
wildlife or their habitat. The project site is in an urban setting surrounded by
urban uses. There are also no known wildlife habitats within the City. In addition,
the subject property is an already developed lot with two separate residential
properties. Therefore, the proposed map and development will not cause or
contribute to impacts not already existing on the site or in the general area. In
addition, environmental impacts related to noise, traffic, light, and aesthetics
have been have been identified as negligible and compliant with categorical
exemptions from the California Environmental Quality Act.
F.That the design of the subdivision or type of improvements is not likely to cause
serious public health problems. The design of the project has been carefully laid
out to avoid conditions that could result in serious public health problems.
Pedestrian circulation is separated from vehicle traffic with the use of walkways
that connect all entrances to the units along the north and south sides of the
property. The site layout works best to facilitate vehicle movement while
maximizing pedestrian safety. Accordingly, the functional aspects of the site
development from the view of the public street have been properly considered in
the request.
PC Agenda Page 27
Resolution No. 19-
Downey Planning Commission
PLN-19-00029 – 10341 Western Ave.
April 17, 2019 - Page 3
G.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 with the proposed subdivision. The review of the Tentative Tract Map
and title report reflect no such easements within the subject property. Overhead
utility lines are present along the street frontage, but are located on the public
right-of-way. Furthermore, the project will result in a five foot land dedication
along the front of the subject site. This will move the parcel and future
development further away from the existing utility lines.
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 Tentative Tract
Map No. 74870, 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.
PASSED, APPROVED AND ADOPTED this 17th day of April 2019.
Steven Dominguez, 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 17th day of
April 2019, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 28
Resolution No. 19-
Downey Planning Commission
PLN-19-00029 – 10341 Western Ave.
April 17, 2019 - Page 4
PLN-19-00029
(Tentative Tract Map No. 74870)
EXHIBIT A - CONDITIONS
PLANNING
1.The approval of Tentative Tract Map No. 74870 (PLN-19-00029) allows for the
subdivision of airspace and common interest ownership for an eight-unit condominium
development on property located at 10341 Western Ave.
2.Tentative Tact Map No. 74870 is associated with Site Plan Review (PLN-15-00168)
which allows for the construction of an eight-unit condominium development on property
located at 11341 Western Avenue, approved on April 6, 2016 under Resolution 16-2974.
Deviations or exceptions from this plan shall not be permitted without the approval of the
City of Downey Planning Commission.
3.Only as it pertains to the Tentative Tract Map, the following conditions of approval
supersede conditions set in Resolution 16-2874 for PLN-15-00210 (Tentative Tract Map
No. 72768), rendering this document the primary resolution for approval of the Tentative
Tract Map for property located at 10341 Western Ave. PLN-15-00168 (Site Plan Review)
and Resolution 16-2874 will remain active as a reference to the analysis, findings, and
conditions for the approval and construction of an eight-unit condominium project.
4.Approval of Tentative Tract Map No. 74870 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.
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 issuance of building and/or grading permits, the Final Tract Map No. 74870
shall be approved by the City and recorded with the Los Angeles County Recorder.
Tentative Tract Map No. 74870 shall not become effective until the Downey City Council
approves the Final Tract Map, and said Map is recorded with the Los Angeles County
Recorder.
PC Agenda Page 29
Resolution No. 19-
Downey Planning Commission
PLN-19-00029 – 10341 Western Ave.
April 17, 2019 - Page 5
21. Prior to the recording of the Final Tract Map, the applicant shall pay all Park in-lieu fees,
as required by Municipal Code Section 9931.8.
PUBLIC WORKS
24. The owner/applicant shall dedicate five feet (5‘) for right-of-way purposes along Western
Avenue to the standards of the City Engineering Division.
25. 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.
26. 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.
27. 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.
28. Any utilities and/of above ground utility structures that are in conflict with the
development shall be relocated at the owner/applicant's expense.
29. The owner/applicant shall coordinate with Southern California Edison to relocate the
existing utility pole that is in conflict with the proposed driveway approach. Relocation of
the pole shall be at the owner/applicant's expense.
30. The filed map shall comply with the latest edition of the state subdivision Map Act, the
City of Downey Municipal Code and all the applicable state and local laws. Prior to
recordation, the Applicant shall:
a. Prepare map under the direction of a Registered Civil Engineer authorized to
practice land surveying, or a Licensed Land Surveyor. The map must be
processed through the Dept. of Public Works prior to being filed with the County
Recorder.
b. A preliminary Title Report (or a chain of title) prepared by the title company for
the subdivision is required showing all fee interest holders and encumbrances.
An updated title report shall be provided (not older than 90 days) before the final
tract/parcel map is released for filing with the County Recorder.
c. Monumentation of the tract/parcel map boundaries, street centerline and lot
boundaries is required for a map based on a record of survey. In the absence of
such record, a licensed land surveyor shall set up all the missing monumentation.
d. Upon City Council approval, the final tract/parcel map shall be filed by the
Engineer of Record with the Los Angeles County Public Works Department for its
PC Agenda Page 30
Resolution No. 19-
Downey Planning Commission
PLN-19-00029 – 10341 Western Ave.
April 17, 2019 - Page 6
recordation. One (1) Mylar copy of the filed map shall be submitted to the City
Dept. of Public Works prior to Certificate of Occupancy.
e. Certificate of Occupancy is contingent upon the completion the public
improvements required in these conditions. If the improvements are not
completed prior to approval of the map, the owner/applicant must enter into a
subdivision agreement and post a necessary Faithful and Performance Bond in
the amount estimated by the Public Works Dept. guaranteeing the completion of
the improvements.
f. The City reserves the right to impose any new plan check and/or permit fees
approved by City Council subsequent to the Planning Commission’s tentative
approval of this map.
g. Any required property in the form of easement, fee simple or irrevocable offer
and any right of way vacation in form accepted by the city engineer shall be
shown on the map.
END OF CONDITIONS
PC Agenda Page 31