HomeMy WebLinkAboutPC Reso 21-3136RESOLUTION NO. 21-3136
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A SITE PLAN REVIEW (PLN-20-00101 ), THEREBY ALLOWING THE
CONSTRUCTION OF THREE MULTI-FAMILY RESIDENTIAL UNITS LOCATED AT
10224 LA REINA AVENUE
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 September 18, 2020, the applicant filed a request for Site Plan Review (PLN-
20-00101) to construct three new dwelling units; and,
B.On October 14, 2020, the applicant was issued a letter deeming the application
incomplete; and,
C.On February 12, 2021, the application was deemed complete after all required
documents were submitted and reviewed; and,
D.On February 18, 2021, 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,
E.The Planning Commission held a duly noticed public hearing on March 3, 2021,
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
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA}, and is categorially exempt from CEQA, pursuant to Guideline Section 15303 (Class 3,
New Construction or Conversion of small structures). Class 3 consists of projects up to 3
residential units in place of 1 single family residential unit.
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 polices embodied in the General Plan
and other applicable plans and policies adopted by the Council. The project's
objective to revitalize the site helps achieve various long-term goals. Specifically, the
following policies are promoted by the Site Plan Review: Policy 2.2. -Encourage
infill development and recycling of land to provide adequate residential sites, Policy
8.1. 1 -Promote architectural design of the highest quality, Policy 8. 2. 2 -Promote
the upgrading of properties. The proposed architecture uses quality materials that
provide different elements to achieve Spanish style architecture. The site is
compatible in that the surrounding properties consist of a variety of architectural
styles, however this development will be newer than most developments within its
proximity. In efforts to maintain a neighborhood feel, the front unit is developed
facing La Reina Avenue to conserve the neighborhood impression of that street. The
Resolution No. 21-3136
Downey Planning Commission
redevelopment of this site has the potential of serving as an example of higher
quality architecture for future developments within the city. The site is also
compatible with the zoning designation and the General Plan Land Use designation
which both encourage multi-family residential. Additionally, the majority of the
surrounding properties are also multi-family residential. This development will
achieve a long-term goal of recycling land to providing more housing units as this
development consists of two additional units than what currently exists on the site.
B.The proposed development is in accordance with the purposes and objectives of this
article and the zone in which the site is located. The purpose of the R-3 (Multiple
Family Residential) zone, as stated in the Downey Municipal Code, "is intended to
provide for the development of multiple-family residential living areas compatible with
the neighborhood environment and outdoor recreation potential of the community.
Such areas are envisioned as being located and designed to be complementary to
adjacent uses and at the same time provide suitable space for multiple-family living
quarters." The proposed application is in full conformance with the objectives stated
above and the properties to the south and west of the subject site are also developed
as multiple-family residential.
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 design of the project will integrate harmoniously with this area by providing
aesthetically pleasing architecture and landscaping. The proposed development will
enhance the character of the subject site by achieving a Spanish architectural style
with compatible landscaping to that style. In addition, the streetscape will be
enhanced as well as the transition from the street onto the site through the proposed
landscaping, pedestrian access, and upgraded driveway and driveway approach.
D.The site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been given
to both the functional aspects of the site development, such as automobile and
pedestrian circulation, and the visual effects of the development from the view of the
public streets. The site design and overall integration of the landscaping, building
orientation, and driveway access was well-envisioned by the applicant. The
landscaping around the front building fac;ades creates a nice transitional buffer
between the residences, the public right of way, and La Reina Avenue. The added
walkway from the sidewalk to the front unit will maintain an inviting appearance to the
site and enhance the residential character along that street. Exterior light lamps are
carefully placed near the front porch entrances to ensure both vehicles and
pedestrians are able to move around the site in a safe manner. This project also
incorporates a decorative paved driveway entrance to the subject site, thus
preventing a long barren driveway with no visual appeal.
E.The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities. The proposed project reflects true Spanish style architecture, and reflects a
high quality of architectural design. In addition, 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. The other developments along La Reina Avenue consist of a variety of
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Resolution No. 21-3136
Downey Planning Commission
appearance. The other developments along La Reina Avenue consist of a variety of
architectural styles from California ranch, craftsman, Dutch colonial, and mid-century
modern. Lastly, this proposed development will be keeping with the quality of design
recently approved projects within the city, but will not mimic those improvements.
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
architecture is a significant upgrade to the immediate neighborhood and surrounding
areas, in terms of use and density although it will be newer than most developments
within its proximity. In addition, the redevelopment of this site has the potential of
serving as an example for higher quality architecture for future developments within
the City of Downey. Lastly, the operational procedures of the proposed development
are also conditioned in an effort to ensure that any potential effects will not negatively
harm or impact the surrounding sites and accompany the public health, safety,
comfort and general welfare as much as possible.
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. Section 4960 discusses the installation of
anti-graffiti materials and the appropriate allotted time limit for the removal of graffiti.
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 a Site Plan
Review (PLN-20-00101 ), 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 3rd day of March 2021.
Miguel rte, hairman
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 3rd day of March
2021, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Duarte, Owens, Spathopoulos, Montoya and Ortiz
None
None
None
Mary C anagh, Secretary
City Pia ning Commission
PLN-20-00101 -10224 La Reina Avenue
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Resolution No. 21-3136
Downey Planning Commission
PLANNING
PLN-20-00101
(SITE PLAN REVIEW)
EXHIBIT A -CONDITIONS
1.The approval of this Site Plan Review (PLN-20-00101) allows for the construction of
three two-story residential dwelling units, each designed with an attached 2-car garage
located at 10224 La Reina Avenue.
2.No later than March 18, 2021, the applicant and the property owner shall sign and return
an affidavit of Acceptance of Conditions, as provided by the City of Downey.
3.The site shall remain in substantial conformance with this request and the approved set
of plans.
4.Approval of the Site Plan Review (PLN-20-00101) 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.All buildings and walls must be finished with graffiti resistant materials pursuant to
Downey Municipal Code Section 4960.
8.Any graffiti applied to the site shall be removed within 48 hours.
9.The approved Spanish architectural style, finish material, and colors shall remain in strict
conformance with the approved elevations and materials board reflecting smooth stucco,
tile roofing, wood accents, and all other finishes. Changes to the facades and/or colors
shall be subject to the review and approval of the City Planner. At his/her discretion, the
City Planner may refer changes to the facades and/or colors to the Planning
Commission for consideration.
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Resolution No. 21-3136
Downey Planning Commission
10.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.
11.The Applicant shall incorporate a copy of this Exhibit A -Conditions of Approval, into the
approved set of building plans.
12.All driveway approaches shall be improved with radius returns.
13.Driveways and driveway approaches shall be improved with concrete and pavers
throughout, as approved on the project plans. Any changes or modification to the
approved driveway must be approved by the City Planner.
14.All landscaping must remain in compliance with the Downey Municipal Code, be
composed of drought tolerant plants, and strictly conform to the approved set of plans.
Any revisions to the proposed landscape plans will first require approval from the City
Planner.
15.Open space requirements must comply with the provisions set forth in section
9312.0 8(b)(10)(iv) of the Downey Municipal Code. The private open space patio areas
for each unit shall have no dimension less than ten (10) feet with a minimum area of two
hundred (200) square feet.
16.Prior to the final of building permits, all landscaping and irrigation shall be installed. The
type, size and number of landscaping shall be as noted on the final approved landscape
plan. All landscape shall be installed and permanently maintained.
17.Prior to the final of building permits, all installed landscaping shall be certified by a
licensed Landscape Architect. The licensed Landscape Architect shall be on-site during
the delivery of all trees to certify that all trees and plants are the right species and size.
18.Project must be completed within one year of approval date.
19.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.
20.All above grade back-flow preventers, check valves, shall be screened from view from
the public right-of-way by a decorative metal-cut-out screen subject to approval of the
City Planner.
21.Any above ground transformer or utility equipment that is visible from street view shall be
screened with decorative metal screen as well as live landscaping subject to approval of
the City Planner.
BUILDING
22.All construction shall comply with the most recent adopted City and State building codes:
a)2019 California Building Code
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Resolution No. 21-3136
Downey Planning Commission
b)2019 California Residential Code
c)2019 California Electrical Code
d)2019 California Mechanical Code
e)2019 California Plumbing Code
f)2019 California Fire Code
g)2019 California Green Code
23.Special Inspections -As indicated by California Building Code Section 1704, the owner
shall employ one or more special inspectors who shall provide special inspections when
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
24.The Title Sheet of the plans shall include:
a)Occupancy Group
b)Occupant Load
c)Description of use
d)Type of Construction
e)Height of Building
f)Floor area of building(s) and/or occupancy group(s)
25 .School impact fees shall be paid prior to permit issuance.
26.Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
27.All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
28.The project design will conform with energy conservation measures articulated in Title
24 of the California Code of Regulations and address measures to reduce energy
consumption such as flow restrictors for toilets, low consumptions light fixtures, and
insulation and shall use to the extent feasible draught landscaping.
29.A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
The following comments pertain to a limited fire review of a design review plan submittal. The
comments contained herein shall not be construed as complete or encompassing all fire-life
safety code requirements set forth in local, State, and/or National local codes.
30.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 streeUroad. Sizing
shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code
§505.1]
31.Deferred automatic fire sprinkler plan submittal required for new Residential Group R
occupancy. Automatic fire sprinkler system design, installation, and testing shall be per
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Resolution No. 21-3136
Downey Planning Commission
NFPA 130 or 13R based on the building construction type, height, fire separation, etc.
[CFC § 903.2.8]
32.An approved street side fire hydrant shall be installed that meets the current
requirements of the City of Downey Public Works -Utilities Division (e.g. Jones 3700-R
or Jones 3775-R) [DMC 361 O]. An approved water supply capable of supplying the
required fire flow for fire protection and fire hydrant shall be provided [CA Fire Code
§507.1; 507.5.1]
33.An approved fire lane designation and stripping shall adhere to sign requirements set
forth in Fire Code and Downey Municipal Code [CA Fire Code 0103.6; DMC 3327].
Designation of NO PARKING (e.g. red curb) at street side hydrant shall be provided.
34.Smoke alarms shall be installed in Residential Group R occupancies on the 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]
35.Project construction shall comply with requirements set forth in the CA Building and
Residential Codes for egress, construction type and height, etc.
PUBLIC WORKS
36.All public utilities shall be installed underground.
37.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).
38.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.
39.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.
40.Submit public improvement plan(s) for review and approval by Public Works
Department.
41.Construct (1) parkway tree. 24-inch box street trees at the parkway on La Reina Avenue
frontage. The species of any new street trees to be planted shall be in accordance with
the City's Tree Master Plan (contact City arborist for tree species.
42.Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work/ Final permit inspection.
43.Paint property address numbers (4" height) on the curb face in front of the proposed
development to the City's satisfaction.
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Resolution No. 21-3136
Downey Planning Commission
44. Drive approaches shall match driveway width as specified in City Standard Drawing No.
19.
45.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 6-
inch main located on La Reina Avenue.
46.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 6-inch main located on La Reina Avenue and shall be dedicated for fire service
only.
47.If required, 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 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.
48.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.
49.Owner or tenant must establish accounts with the City Cashier prior to the City activating
and the tenant using any fire and potable water service and meter.
50.The owner/applicant shall provide separate off-site water improvement plan sets for
review and approval from Public Works. The plan shall consist of the following:
a.Potable Water Improvement Plans (all City-owned potable water and fire service
lateral improvements). Improvement plans for potable water main improvements
shall be plan and profile.
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.
51.The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters, and appurtenances.
52.The owner/applicant shall furnish and install a new_§_ -inch sewer lateral(s) (from the
8" sewer main on La Reina Avenue to the front property line) for each house in the lot.
New sewer laterals shall be constructed with Vitrified Clay Pipe (VCP). The existing
sewer lateral can be used for one of the house. The design and improvements of
sewers shall be in accordance with the latest standards of the Department of Public
Works. Septic systems shall not be allowed.
53.Utility plans for proposed new sewer lateral(s) shall be submitted to and approved by the
Department of Public Works prior to the issuance of the grading plan permit.
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Resolution No. 21-3136
Downey Planning Commission
54.Submit a copy of the sewer plans to the City and to the Sanitation Districts of Los
Angeles County for review and approval. Approval must be assured prior to the start of
construction. Contact Los Angeles County Sanitation District for their requirement.
55.The lot 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.
56.The owner/applicant shall retrofit any existing fire hydrant(s) within the property frontage
in accordance to latest Fire Department and Department of Public Works standards
including but not limited to furnishing and installation of a new riser, fire hydrant head,
and associated fittings.
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.Include any other applicable site-specific conditions.
60.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.
61.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. 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).
62.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.
63.If any hazardous material is encountered on the site, the owner/applicant shall secure an
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Resolution No. 21-3136
Downey Planning Commission
ID number from the EPA.
64.The owner/applicant shall deploy Best Management Practices during and after
construction.
65.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.
66.Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
67.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.
68.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]
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