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HomeMy WebLinkAbout03. Exhibit C - Resolution No. 24-4023RESOLUTION NO. 24-4023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW AND VARIANCE PLN-21- 00025 AND LOT MERGER PLN-23-00086, THEREBY ALLOWING THE CONSTRUCTION OF A NEW 535,685 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING AND A MAXIMUM CONSTRUCTION HEIGHT OF 54’ (FEET), AS WELL AS THE CONSOLIDATION OF FIVE SEPARATE PARCELS (APNs: 6284-019-013, 6284-019-014, 6284-019-015, 6284-019- 016 AND 6284-019-017), AT 9300 HALL ROAD, 9350 HALL ROAD, AND 9363 STEWART AND GRAY ROAD WITHIN THE GENERAL MANUFACTURING (M-2) ZONE 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 March 5, 2021, the applicant. Prologis, filed a request for a Conditional Use Permit, Site Plan Review and Zone Change (PLN-19-00132) to construct a 44,162 square foot industrial tilt-up building to be used as a freight terminal and change the zone from P-B (Parking Buffer) to M-2 (General Manufacturing) at 9300 Hall Road, 9350 Hall Road, and 9363 Stewart and Gray Road. B.On March 31, 2021, the applicant was issued a letter deeming the application incomplete. C.On March 25, 2022, pursuant to the California Environmental Quality Act (“CEQA”) and California Code Regulations, Title 14, Chapter 3 (“CEQA Guidelines”), the City prepared a Notice of Preparation (“NOP”) of a Draft Environmental Impact Report (“Draft EIR”) for a project titled “Prologis Stewart & Gray Road Warehouse Project” (“Project”) that was circulated to and available for comment to residents, public agencies, and other interested parties between March 25, 2022 and April 27, 2022. The above-referenced entitlements are necessary for the Project. D.On April 18, 2022, pursuant to CEQA Guidelines section 15083, the City held a public scoping meeting to provide details and clarification, as well as to receive comments from residents, public agencies, and other interested parties. E.On April 22, 2022, the City extended and recirculated NOP for Draft EIR for the Project for comment to residents, public agencies, and other interested parties between April 22, 2022 and May 20, 2022. F.On December 13, 2023, pursuant to CEQA and the CEQA Guidelines, the City prepared and circulated for public comment the Draft EIR (State Clearinghouse No. 2022030738) for a 45-day review period from December 13, 2023 and January 25, 2024. G.On February 19, 2024, the application was deemed complete after all required documents were submitted and reviewed. H.On February 23, 2024, a notice of the public hearing for the Site Plan Review, Variance, Lot Merger, and certification of a Final EIR was sent to all property Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 2 owners and tenants within 500’ of the subject site, all interested properties requesting notification, outside public agencies and the notice was published in the Downey Patriot newspaper. I. On March 6, 2024, the Planning Commission of the City of Downey held a duly noticed public hearing to consider all testimony, written and oral, related to the Final EIR, at which time all persons wishing to testify were heard. SECTION 2. A Final EIR for the Project named “Prologis Stewart and Gray Road Warehouse Project” (PLN-21-00025 and PLN-23-00086) was adopted and certified by the Planning Commission by concurrently approved Resolution No. 24-4022. 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 City Council. The proposed facility is in harmony and does not adversely affect the goals and policies outlined in the City’s General Plan. In addition, the project’s objective to revitalize the site helps achieve various long-term goals. Specifically, the following policies are promoted by the proposed development: Policy 1.1.1 – Maintain a Balance of Land Uses Program 1.1.1.4 – Discourage non-industrial uses into areas designated for industrial uses. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site was most recently occupied by five separate industrial tenants. The specific uses included warehouse, storage, manufacturing, and recycling. The site will be improved with a new industrial tilt-up building, to be used for warehousing, storage, and distribution, ensuring that the site will be available to industrial uses in the long-term. Policy 1.1.3 – Provide and appropriate amount of land area for business and employment. Program 1.1.3.1 – Encourage land uses that generate jobs. Program 1.1.3.3 – Promote a diversified employment base by discouraging the over-concentration of a particular land use that will preclude the establishment of other uses. Policy 9.2.1 – Promote job-generating land uses. Program 9.2.1.3 – Promote employment that increases the daytime population of the city creating customer demand for other businesses. Program 9.2.2.1 – Promote a diversified employment base with jobs in sectors in addition to retail sales. The project is anticipated to create 300 short term jobs primarily related to construction, and 250 permanent jobs. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 3 Policy 1.1.4 – Provide an appropriate amount of land area for people to acquire goods and services. The scale of the proposed potential uses, high cube fulfillment center or large distribution, is not currently practiced by other properties within the City. Therefore, the project promotes the above policy by introducing a land use that aims to further diversify the vast variety of land uses found in the city. This will not only continue to provide, but will also expand, the type and amount of goods and services available to the nearby business community. Goal 6.1 – Protect persons from exposure to excessive noise. Policy 6.1.1 – Minimize noise impacts onto noise-sensitive uses. Program 6.1.1.2 – Ensure that new developments within areas with exterior noise at unacceptable levels are designed to maintain interior noise levels at acceptable levels. Goal 6.3 – Minimize noise impacts on noise-sensitive land uses. Policy 6.3.1 – Minimize the amount of noise generated by land uses. Program 6.3.1.1 – Discourage proposed land uses from generating noise at [un]acceptable levels. As part of the project, a Noise Study identified that the development while in operation, will not generate noise beyond the levels allowed within the Downey Municipal Code. However, excessive noise is expected during construction related to night-time activity. Regarding normal operations, it is important to note that the traffic, on-site circulation, and equipment on site directly produce noise at greater levels than allowed. However, the noise is buffered as the distance to sensitive uses increases. The distance between the property and nearby residential lots is roughly 280-feet, which is sufficient enough to reduce noise levels to an acceptable level. The Noise Study also indicates that noise generated from the project is also reduced due to nearby surrounding ambient noise, such as noise produced by nearby businesses and offsite traffic. Noise readings were taken and modeled at multiple nearby properties consisting of separate zones including Residential, Commercial, and Industrial zoned properties; the project is not anticipated to generate daytime noise levels beyond 55 dba at any residential property line, 65 dba at any commercial property line, and 68 dba at any industrial property line. City noise limits are 55 dba for residential, 65 dba for commercial, and 70 dba industrial properties. Regarding short-term construction activity, the corresponding Environmental Impact Report found that impacts related to noise are significant and unavoidable. The noise impact is related to night time construction activity and will not remain when the site becomes functional. Due to the short-term nature of the significant and unavoidable impact, it is found that the finished development will be in conformance with the goals, policies, and programs stated above. Policy 6.2.1 – Reduce noise generated by vehicular traffic. Program 6.2.1.2 – Enforce regulations to require truck traffic to use designated truck routes in the City. Goal 2.3 – Reduce adverse impacts from truck traffic. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 4 Policy 2.3.1 – Promote the safe and efficient movement of truck traffic through the City. Program 2.3.1.1 – Enforce truck traffic to use designated truck routes in the City. As a part of the conditions of approval for the project, trucks serving the site both coming and going are subject to using the City’s designated “Truck Route” map. Vehicles that must adhere to the truck route include large axle vehicles as well as smaller delivery vans. The truck routes include major arterial streets found within the City such as Firestone Boulevard, Imperial Highway, Florence Avenue, Stewart and Gray Road, and Woodruff Avenue (among others). A Traffic Impact Study was conducted for the project that indicates that vehicles traveling to and from the site will primarily utilize the Interstate-605 freeway east of the site. In addition, vehicles traveling to and from the site would primarily use the following corridors: Firestone Boulevard, Stewart and Gray Road, and Woodruff Avenue. Lastly, a condition of approval will also be included that would prohibit trucks and delivery vehicles from exiting west (left turn) from the site onto Hall Road. This limitation would be placed on the project because the street segment of Hall Road to the west of the site is comprised of residential uses that would otherwise be negatively impacted by industrial type vehicles. Goal 8.1 – Promote quality design for new, expanded, and remodeled Construction. Policy 8.1.1 – Promote architectural design of the highest quality. Program 8.1.1.1 – Discourage construction with architectural design of poor quality. Goal 8.3 – Promote the enhancement of the streetscape. Policy 8.3.1.1 – Enhance the views of property from the public streets to exhibit a positive image. Program 8.3.1.1 – Promote prevailing street yard setbacks for buildings consistent with adjacent properties. Program 8.3.1.2 – Maximize the landscaped setback on street yard Setbacks. The proposed architecture is a significant upgrade to the existing facilities on site and is compatible with surrounding properties. The proposed project would be newer than most developments within its proximity in regard to proposed quality of design, site layout, and landscaping. The site has remained relatively the same since 1955 and is surrounded by a mix of both older and more recently developed industrial properties. The most recently developed property adjacent to the site was built in 2008. The redevelopment of this site can serve as an example of higher quality architecture for f uture developments within the city, and directly enhances the surrounding area. B. The proposed development is in accordance with the purposes and objectives of Article IX of the Downey Municipal Code (Land Use) and the zone in which the site is located. The purpose of the M-2 (General Manufacturing) zone, as stated in the Downey Municipal Code, “is intended to provide for the orderly development of general manufacturing, research and development, wholesale and distribution, warehousing, biomedical uses that facilitate the growth of businesses during all stages of the business cycle, and other compatible uses Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 5 within the community.” The proposed application is in full conformance with the objectives stated above. Furthermore, a warehouse use is appropriate for the M- 2 (General Manufacturing) zone and is consistent with other uses found along Stewart & Gray Road and Woodruff Avenue. 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 the surrounding area by providing aesthetically pleasing architecture and landscaping. The proposed 535,685 square foot building will serve as a significant upgrade from the existing facility on the site and nearby industrial lots. In addition, the streetscape will be enhanced as well as the transition from the street onto the site through the proposed landscaping and upgraded vehicle approaches. 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 is a through lot with two frontages, one along Hall Road and another along Stewart & Gray Road for a total 2,454.17 lineal feet, and will be developed with five driveway approaches and sufficient parking for employees, visitors, freight trucks, and loading. Employee and visitor parking is oriented towards the front of the property and at the rear of the property, which is heavily surrounded by landscape buffers of over 89 feet from the front property line (Stewart & Gray Road) and a range of 393 feet to 55 feet from the rear property line (Hall Road). The project provides ADA compliant pedestrian access onto the site from Steward & Gray Road. The proposed landscaping surrounding the property is intended to compliment the aesthetics of the building and to deemphasize the vertical dimension of the structure. The landscaping will provide a mixture of trees, shrubs and ground cover at various heights and maturity. In addition, the species of trees located most adjacent to the freight trucks should provide screening of these trucks from the public right-of-way. Lastly, the photometric plan proposed for this project shows that all parts of the site will be well illuminated while simultaneously not causing any nuisance to the neighboring properties or public right-of-way. Therefore, it is determined that proper consideration has been given to the functional aspects and visual effects of the development. 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 contemporary style architecture and keeps with a scale consistent of industrial developments. It is Staff’s opinion that the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area and that this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. This proposed development elevates the quality of design of all industrial properties within the City. F. The site plan and design considerations shall tend to upgrade properties in the Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 6 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 existing facilities on site and is compatible with surrounding properties although it will be newer than most developments within its proximity. In addition, the redevelopment of this site has the potential to serve as an example of higher quality architecture for future industrial 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 in public health, safety, comfort and general welfare are mitigated as much as possible. G. The proposed development’s site plan and its design components will include graffiti-resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of the Downey Municipal Code. The project has been conditioned to meet the requirements specified in Section 4960 of the Downey Municipal Code. Section 4960 discusses the installation of anti- graffiti materials and the appropriate allotted time limit for the removal of graffiti. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Variance, the Planning Commission further finds, determines, and declares that: A. Exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. The proposed building is subject to exceptional circumstance as a result of existing zoning restrictions. Zoning regulations were established prior to changes in industry demands and standards. Therefore, development standards for the site were also established without consideration for newly emerging potential industrial tenants. These new emerging tenants are categorized as high cube fulfillment centers and last mile distribution centers. These types of uses have become more prominent due to increases in online sales. Traditional distribution centers have also evolved within the same time frame also due to increases in consumer behavior. The most recent development standards for the manufacturing zones were established in 2008. The standards are not commensurate with the proposed use, and places an undue burden on the applicant’s ability to produce a “Class A” industry standard state-of-the-art facility. B. The literal interpretation of the provisions of Article IX of the Downey Municipal Code (Land Use) would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The building and site layout are designed for prospective tenants, with high cube fulfillment or large distribution, to operate as a unique use and operations that do not currently exist within the City. Other distinct industrial uses, such as warehouse, storage, manufacturing, or truck terminals, are subject to separate industry demands and standards that do not require the construction of 40-foot plus clear height structures. A particular example is the newly constructed truck terminal located at 12021 Woodruff Avenue. The owner of that site is also Prologis (the Applicant). The site is identified as a “Class A” state-of-the-art truck terminal and reaches an overall height of 36’ as allowed per Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 7 the Downey Municipal Code. The additional height is necessary due to newly emerging demands and standards that previous structures within the City were not subject to at the time of their construction. Therefore, it may be surmised that the applicant is deprived of the rights afforded to other properties and applicants within the same zone and vicinity. C. Exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The exceptional circumstances related to the project are a result of industry demands and the need to modify zoning standards for the particular proposed uses of high cube fulfillment or large distribution. Additionally, the evolution of industry demands and standards are not a result of the applicant’s action, but rather the evolution of the industry’s construction standards for high cube and large distribution buildings. The City’s zoning code development standards could not have forecasted the need for increased building heights that are necessary due to the evolution of the use characteristics, as well as industrial building construction standards. D. Granting the Variance requested will not confer on (provide?) the applicant, any special privileges that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. It is assumed that all similar uses, high cube fulfillment or large distribution, would make the same request in order to construct a structure that can be identified as “Class A” state-of-the-art. It is also assumed that the majority of industrial uses presently located in the City were able to achieve industry standards through strict interpretation of the zoning regulations. This is due to different industry standards for those respective facilities that call for a lower clear ceiling height, such as industry standards for truck terminals. In addition, industry standards for other facilities at the time of their construction may have called for lower clear ceiling heights. E. The granting of a Variance will be in harmony and not adversely affect the General Plan of the City. The proposed facility is in harmony and does not adversely affect the goals and policies outlined in the City’s General Plan. Furthermore, the increased proposed height does not directly, or inadvertently, contradict any of the aforementioned goals and policies. Alternatively, the facility in general will promote the following: Policy 1.1.1 – Maintain a Balance of Land Uses Program 1.1.1.4 – Discourage non-industrial uses into areas designated for industrial uses. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site was most recently occupied by five separate industrial tenants. The specific uses included warehouse, storage, manufacturing, and recycling. The site will be improved with a new industrial tilt-up building, to be used for warehousing, storage, and distribution, ensuring that the site will be available to industrial uses in the long-term. Policy 1.1.3 – Provide and appropriate amount of land area for business and employment. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 8 Program 1.1.3.1 – Encourage land uses that generate jobs. Program 1.1.3.3 – Promote a diversified employment base by discouraging the over-concentration of a particular land use that will preclude the establishment of other uses. Policy 9.2.1 – Promote job-generating land uses. Program 9.2.1.3 – Promote employment that increases the daytime population of the city creating customer demand for other businesses. Program 9.2.2.1 – Promote a diversified employment base with jobs in sectors in addition to retail sales. The project is anticipated to create 300 short term jobs primarily related to construction, and 250 permanent jobs. Policy 1.1.4 – Provide an appropriate amount of land area for people to acquire goods and services. The scale of the proposed potential uses, high cube fulfillment center or large distribution, is not currently practiced by other properties within the City. Therefore, the project promotes the above policy by introducing a land use that aims to further diversify the vast variety of land uses found in the city. This will not only continue to provide, but will also expand, the type and amount of goods and services available to the nearby business community. Goal 6.1 – Protect persons from exposure to excessive noise. Policy 6.1.1 – Minimize noise impacts onto noise-sensitive uses. Program 6.1.1.2 – Ensure that new developments within areas with exterior noise at unacceptable levels are designed to maintain interior noise levels at acceptable levels. Goal 6.3 – Minimize noise impacts on noise-sensitive land uses. Policy 6.3.1 – Minimize the amount of noise generated by land uses. Program 6.3.1.1 – Discourage proposed land uses from generating noise at [un]acceptable levels. As part of the project, a Noise Study identified that the development while in operation will not generate noise beyond the levels allowed within the Downey Municipal Code. However, excessive noise is expected during construction related to night-time activity. Regarding normal operations, it is important to note that the traffic, on-site circulation, and equipment on site directly produce noise at greater levels than allowed. However, the noise is buffered as the distance to sensitive uses increases. The distance between the property and nearby residential lots is roughly 280-feet, which is sufficient enough to reduce noise levels to an acceptable level. The Noise Study also indicates that noise generated from the project is also reduced due to nearby surrounding ambient noise, such as noise produced by nearby businesses and offsite traffic. Noise readings were taken and modeled at multiple nearby properties consisting of separate zones including Residential, Commercial, and Industrial zoned properties; the project is not anticipated to generate daytime noise levels beyond 55 dba at any residential property line, 65 dba at any commercial property line, and 68 dba at any industrial Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 9 property line. City noise limits are 55 dba for residential, 65 dba for commercial, and 70 dba industrial properties. Regarding short-term construction activity, the corresponding Environmental Impact Report found that impacts related to noise are significant and unavoidable. The noise impact is related to night time construction activity and will not remain when the site becomes functional. Due to the short-term nature of the significant and unavoidable impact, it is found that the finished development will be in conformance with the goals, policies, and programs stated above. Policy 6.2.1 – Reduce noise generated by vehicular traffic. Program 6.2.1.2 – Enforce regulations to require truck traffic to use designated truck routes in the City. Goal 2.3 – Reduce adverse impacts from truck traffic. Policy 2.3.1 – Promote the safe and efficient movement of truck traffic through the City. Program 2.3.1.1 – Enforce truck traffic to use designated truck routes in the City. As a part of the conditions of approval for the project, trucks serving the site both coming and going are subject to using the City’s designated “Truck Route” map. Vehicles that must adhere to the truck route include large axle vehicles as well as smaller delivery vans. The truck routes include major arterial streets found within the City such as Firestone Boulevard, Imperial Highway, Florence Avenue, Stewart and Gray Road, and Woodruff Avenue (among others). A Traffic Impact Study was conducted for the project that indicates that vehicles traveling to and from the site will primarily utilize the Interstate-605 freeway east of the site. In addition, vehicles traveling to and from the site would primarily use the following corridors: Firestone Boulevard, Stewart and Gray Road, and Woodruff Avenue. Lastly, a condition of approval will also be included that would prohibit trucks and delivery vehicles from exiting west (left turn) from the site onto Hall Road. This limitation would be placed on the project because the street segment of Hall Road to the west of the site is comprised of residential uses that would otherwise be negatively impacted by industrial type vehicles. Goal 8.1 – Promote quality design for new, expanded, and remodeled Construction. Policy 8.1.1 – Promote architectural design of the highest quality. Program 8.1.1.1 – Discourage construction with architectural design of poor quality. Goal 8.3 – Promote the enhancement of the streetscape. Policy 8.3.1.1 – Enhance the views of property from the public streets to exhibit a positive image. Program 8.3.1.1 – Promote prevailing street yard setbacks for buildings consistent with adjacent properties. Program 8.3.1.2 – maximize the landscaped setback on street yard setbacks. The proposed architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties. The proposed project would be newer than most developments within its proximity in regard to proposed quality Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 10 of design, site layout, and landscaping. The site has remained relatively the same since 1955 and is surrounded by a mix of both older and more recently developed industrial properties. The most recently developed property adjacent to the site was built in 2008. The redevelopment of this site can serve as an example of higher quality architecture for future developments within the city, and directly enhances the surrounding area. F. The reasons set forth in the application justify the granting of the Variance and that the Variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested height deviation is the minimum height to provide an adequate “Class A” state-of-the-art facility. “Class A” industrial real estate is described as the newest and most up-to-date, and is typically leased to well established companies. Most up-to-date facilites cannot be achieved without the increased height. Similar height proposals have been requested in other jurisdictions. In particular, the applicant has proposed a height of 53’ feet within the City of Los Angeles and a height of 50’ within the City of Commerce. An existing and new facility with a reduced interior clearance height would prompt less demand from potential tenants, in particular due to reduced efficiency for the end user. The development standards for the M-2 zone applicable to the project requires a maximum height of 45-feet (DMC Section 9318.06(a) Table 9.3.10). The applicant requests a Variance for a maximum height of 54-feet. This request exceeds the allowable height in the zone by 9-feet. The building contains various heights, and the multiple heights exceed the allowable height in the range of 2-feet to 9-feet. These heights only apply to the exterior of the building (height breakdown shown below). The heights from grade range from 47-feet to 56.5-feet. However, the Variance is only a request for a maximum height, measured from curb, which is 54-feet. The height of the building with regard to compliance with the DMC is measured from curb per Section 9124. The increased exterior heights are requested in order to accommodate a 47-foot interior clear height. The exterior height of 54-feet will be for parapet walls along the perimeter of the building that will screen the domed clear height ceiling and roof top mechanical equipment. The increased height of the structure does blend in seamlessly with the architecture, articulation, and treatment of the building walls. SECTION 5. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Lot Merger, the Planning Commission further finds, determines, and declares that: A. The merged parcel conforms with the general plan, zoning ordinance and applicable specific plan. The merged parcel is located within the City’s General Plan land use designation of General Manufacturing (GM) and Zoning of General Manufacturing (M-2), which identifies the standard size of lots within the zone as a minimum of 40,000 square foot and no minimum lot depth or width Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 11 requirements. The proposed merged parcel is a total of 29.16 acres, or 1,270,209.60 square feet. B. Development of the merged parcel creates no public health, safety or welfare hazards. The development of the merged parcel underwent environmental review identifying the extent of potential environmental impact as a result of the Project. The corresponding Environmental Impact Report found that only impacts related to noise are significant and unavoidable. All other categories of impacts including, but not limited to, traffic, air quality, water quality and cultural resources were found to produce either no impact, less than significant impacts, or mitigated to an extent of less than significant. The noise impact is related to night time construction activity and will not remain when the site becomes functional. Due to the short-term nature of the significant and unavoidable impact, it is found that the merged parcels and final development will not create hazards to public health, safety, or welfare. C. The merged parcel has adequate access and is served by all necessary utilities. The proposed parcel will have access from two separate street frontages along Hall Road and Stewart & Gray Road. Maneuvering on to and out of the site is achieved through five (5) separate driveways. Three driveways are located along Hall Road and two along Stewart & Gray Road. Utilities including, but not limited to, cable, phone, internet, and electricity are currently existing on site and accessed from utility poles found along both street frontages. D. The merged parcel is comprised of legally created standard parcels, owned in common by the same person(s). The parcels are recorded with the County of Los Angeles and identified in Parcel Map No. 15573, as recorded in Book 186, Pages 16 through 18, as Parcels 2, 3, and 4, and are all owned by Hall Stewart and Gray Road LLC c/o c/o Prologis Tax Coordinator. E. The merged parcel does not require right-of-way or utility easement dedications, as none are proposed for this project and are not currently located on site to provide the current utilities to the existing site. F. The merged parcel does not require parking or access agreements. All parking is contained on site and in compliance with the standards outlined in the Downey Municipal Code. SECTION 6. 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 Site Plan Review and Variance Permit (PLN-21-00025) and the Lot Merger (PLN-23-00086), 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 7. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of March 2024. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 12 Carrie Uva, Chairwoman 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 March 2024, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: APPROVED AS TO FORM: John M. Funk City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on March 6, 2024. Ria Ioannidis Recording Secretary Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 13 PLN-21-00025 (SITE PLAN REVIEW & CONDITIONAL USE PERMIT) & PLN-23-00086 (LOT MERGER) EXHIBIT A – CONDITIONS PLANNING 1) The approval of this Site Plan Review and Variance (PLN-21-00025) allows for the construction of a one-story, 535,685 square foot industrial tilt-up building to be built at a maximum height of 54 feet tall, located at 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road as reflected on plans date stamped March 6, 2024. 2) The approval of this Lot Merger (PLN-23-00086) allows for the consolidation of Assessor Parcel Numbers 6284-019-013, 6284-019-014, 6284-019-015, 6284-019-016 and 6284- 019-017 into one parcel. 3) The Site Plan Review and Variance (PLN-21-00025) shall become null and void unless permits for the proposed project are issued within twenty-four (24) months of this date, March 6, 2024. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 4) This approval 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 site shall remain in substantial conformance with this request and the approved set of plans. 6) 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. 7) 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. 8) Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 14 9) The applicant must 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. 10) If in the future the City’s Community Development Director, Police Chief, and/or Public Works Department determine that an on/off-site circulation problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare an analysis upon notice to the applicant/property owner and the applicant/property owner shall bear all associated costs. If said study indicates that there are adjustments needed, the applicant/property owner shall be required to provide measures to alleviate the problem, subject to review and approval by the Community Development Department, Police Chief, and/or Public Works Department. 11) The approved architectural style shall be Contemporary, as noted in the approved plans. Changes to the facades and/or colors shall be subject to the review and approval of the City Planner. 12) All finished materials shall be to the satisfaction of the City Planner. Final approval of all building materials (including but not limited to glass type, wall texture, canopies and awnings, and wood planking) shall be granted by the City Planner prior to the issuance of Building Permits. 13) All landscaping shall comply with the Downey Municipal Code, be composed of drought tolerant plants, and requires final approval from the City Planner prior to the issuance of Building Permits. 14) The permitted hours of operation are twenty-four hours seven (7) days a week. 15) All freight trucks visiting the facility shall strictly adhere to the City of Downey’s Truck Route Map provided by the Public Works Department. 16) No industrial or commercial truck or vehicle traveling in either direction shall be located on any segment of Hall Road located directly West of the subject site. Inbound industrial or commercial trucks or vehicles shall only travel westbound on Hall Road from Woodruff Avenue. Outbound industrial or commercial trucks or vehicles shall only make a right turn travelling out of site on Hall Road to travel eastbound toward Woodruff Avenue. An industrial or commercial truck or vehicle includes, but is not limited to, 2-axle, 3-axle, 4+ axle, and carrier vans. 17) Signage indicating “right turn only” shall be installed at all driveway exits located along Hall Road. The signs shall be installed on-site and directly across the street on the public right-of-way facing the exit. Signage and placement shall be approved by the Public works Director prior to installation. The applicant is responsible for the cost of the sign and installation. 18) At no time shall the site store inoperable freight trucks or vehicles in its parking areas, either within the vehicle spaces or the freight truck spaces. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 15 19) No repair of vehicles or freight truck shall occur at any time. 20) 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. 21) For security purposes, lighting shall be placed in such a way as to illuminate the area surrounding the trash enclosure, transformer, and all vehicle parking spaces. This lighting shall be un-switched and photo-sensor controlled. 22) All interior and exterior mechanical, plumbing, and unfinished electrical equipment and materials (including but not limited to wiring and pipes) shall be screened from the public’s view. All screening materials shall be approved by the City Planner. 23) Any bollards on the site visible from the Public Right-of-way must be decorative in nature and shall be approved by the City Planner. 24) The property shall be maintained in a safe, clean and sanitary condition at all times. The property owners shall be responsible for the daily maintenance and upkeep of the businesses and respective buildings, including but not limited to trash removal, graffiti removal, and maintenance of existing improvements to ensure that the properties are maintained in a neat and attractive manner. 25) All buildings and walls must 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. 26) Any graffiti applied to the site shall be removed within 48 hours. 27) The applicant must provide stamped color concrete or pavers across the driveways. The stamped color concrete or pavers shall be as approved by the City Planner. 28) Roof-mounted equipment shall be screened at all times by a material to be approved by the City Planner. 29) All above grade back-flow preventers and check valves shall be painted green and screened from view from the public right-of-way with decorative metal cut-out panels as approved by the City Planner. 30) Noise generated from the site shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 70 dBA, as measured at all property lines. 31) At no point in time shall any industrial or commercial truck or vehicle conducting business at the site queue, park, or idle off-site outside the property boundaries. An industrial or commercial truck or vehicle includes, but is not limited to, 2-axle, 3-axle, 4+ axle, and carrier vans. 32) The applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the approved set of building plans. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 16 33) The applicant shall comply with all mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP), as established by the Final Environmental Impact Report and Resolution No. 24-4022, at all times. A copy of the MMRP shall be incorporated into the approved set of building plans. LOT MERGER 34) The Lot Merger shall be recorded with Los Angeles County Recorder’s office within one (1) year of this date, March 6, 2024. Time extensions, not to exceed one (1) year, may be granted and approved by the Community Development Director, if a written request is received by the within thirty (30) days prior to expiration. 35) The subdivision map shall be recorded in accordance with the approved Lot Merger, date stamped March 6, 2024, and to the satisfaction of the Public Works Director. 36) Prior to recordation of the Lot Merger, a Notice of Merger shall be recorded with the Los Angeles County Recorder’s Office within thirty (30) days of March 6, 2024. Such notice shall be notarized by the property owner. Time extensions may be granted and approved by the Community Development Director. 37) Prior to recordation of the Lot Merger, current ownership evidence such as updated preliminary title reports and deeds shall be submitted for review. 38) All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as otherwise specified herein 39) In the event the Lot Merger is not executed, at the expense of the applicant, the Community Development Director shall cause to be recorded a release of the Notice of Merger. POLICE 40) At the discretion of the Chief of Police, as a result of excessive calls for service, the business owner shall be required to submit a Security Plan and potentially retain security personnel. The Security Plan shall be reviewed and approved to the satisfaction of the Chief of Police. BUILDING 41) All construction must comply with the most recent adopted City and State building codes: a) 2022 California Building Code. b) 2022 California Electrical Code. c) 2022 California Mechanical Code. d) 2022 California Plumbing Code. e) 2022 California Fire Code. f) 2022 California Green Code. 42) 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 Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 17 required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 43) 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). 44) Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 45) All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 46) 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. 47) A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions’ Code. 48) Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. 49) 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 unless given prior approval through a Temporary Use of Land Application to be approved by the Community Development Director. FIRE 50) The following comments pertain to a fire review of a submitted design review plan(s). The comments contained herein shall not be construed as complete or encompassing all fire-life safety code requirements as set forth in local, State, and/or National codes. 51) Provide additional information/detail as to Occupancy Type and Occupant Load as to determine what level of fire protection shall be required [CA Fire Code §1004]. 52) Install approved key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1]. Motorized gate shall also be equipped with Knox key (override) switch. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 18 53) Premises shall be appropriately addressed. 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] 54) The security gate shall not be erected across any fire apparatus road without prior approval from the fire chief and the gate shall be provided with an approved unobstructed width as determined by Fire Chief [CA Fire Code §503.2.1; 503.6]. 55) Building egress shall be designed to meet requirements of the CA Building Code and Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing, door swing direction, exit sign illumination, etc. 56) Provide commodity classification for high-pile storage [CA Fire Code §3203.1]. 57) High-pile storage shall require a deferred plan submittal. High-pile combustible storage requires a submittal of construction documents (plans) which provide detail on the elements contained in Section 3201.3 of the CA Fire Code. 58) If hazardous materials operations (i.e. LP-gas forklift operations, mechanical refrigeration, etc.) shall occur at occupancy, business shall be required to establish, implement, and submit a Hazardous Materials Business Plan (HMBP) to Statewide Environmental Reporting System (CERS) where required for handling reportable thresholds of hazardous materials [HSC 25507; 25508]. 59) Provide visible NFPA 704 hazard warning placard to address side of building. NFPA 704 placard shall be required where hazardous substances equal to or above permitted quantities are handled, stored, or used [CA Fire Code §5003.5]. 60) The DCDA for the fire sprinkler system shall be of an approved type and model (type and model as approved by the City of Downey Public Works Department). 61) Provide an approved Class I Standpipe System (2 ½ inch hose connections) at interior of warehouse for firefighting operations. Hose connections shall be installed in accordance with CA Fire Code and NFPA 14. 62) A deferred automatic fire sprinkler plan submittal shall be required [CA Fire Code §903.2]. The automatic fire sprinkler system design, installation, and testing shall be in accordance with NFPA 13. 63) A deferred fire alarm and detection system plan submittal shall be required [CA Fire Code §907.2]. The fire alarm and detection system shall be designed, installed, and tested in accordance with NFPA 72. 64) Emergency Responder Radio Coverage shall be provided to the building in accordance with CA Fire Code 510, NFPA 72 and NFPA 1221. 65) Provide approved fire lane markings [CA Fire Code §503.3] 66) Provide fire hydrants (yard hydrants) on property. Fire hydrants shall have required clear space of 3 feet, protected from vehicle impact with approved crash protection, and to be Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 19 located on portion of fire apparatus road sized to 26 ft. in width [CA Fire Code §507.5.1; 507.5.5; 507.5.6] 67) Parking stalls, including wheel stops, shall be of sufficient size as to accommodate vehicles. Parked vehicles shall not encroach into the fire lane/access road. 68) Pre-demolition and construction meeting with the Fire Prevention Bureau, 562-904-7345. PUBLIC WORKS 69) All new public utilities shall be installed underground. 70) 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). 71) 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, at (562) 904-7110 for information. 72) Remove and replace damaged, uneven or sub-standard curb, gutter, sidewalk, driveway approaches, 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. 73) Owner/Applicant shall construct all proposed driveway approaches per Standard Plans of Public Works Construction (SPPWC) No. 110-2 Type C. Driveway width bottom of X to bottom of X shall be a minimum of 26 feet in order accommodate for large vehicles. The new widen driveways shall be at least five (5) feet away from any above-ground obstructions (including storm drains) 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 approach design shall be subject to the review and approval by the Public Works Department. 74) All unused driveway approaches shall be removed and constructed with full-height curb gutter, and sidewalk to match existing improvements. 75) Submit public improvement plan for review and approval by Public Works Department prior to the start of construction and the issuance of any encroachment permit for improvements within the public right of way. 76) Remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. 77) Paint property address numbers (4” height) on the curb face in front of the proposed development to the City’s satisfaction. 78) 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 Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 20 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. 79) The facility design must provide for refuse/recycle enclosure with roof cover (location, size). 80) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 81) Any utilities that are in conflict with the development shall be relocated at the owner/applicant's expense. Owner/applicant shall coordinate the relocation with the utility owner and proper Public Works permit will need to be pulled. 82) Complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 83) 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. 84) 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. Traffic 85) The owner / applicant shall be responsible for any improvements required to mitigate traffic impacts created by the project as identified by the traffic study and/or financially contribute a fair share toward the cost of constructing capital improvement(s), not considered part of the frontage of the project site, necessary to offset all or a portion of the project traffic impacts. Grading 86) The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and site drainage plan for the site (prepared and sealed by a Registered Civil Engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. All lot(s) shall not has less than one (1%) percent gradient on any asphalt or non-paved surface, or less than one quarter (1/4%) percent gradient on any concrete surface. Provide the following information on plans: topographic site information, including elevations, dimensions/location of existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the width and location of all existing and proposed easements, the dimensions and location of proposed dedications; (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 it disposition. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 21 87) Include any other applicable site-specific conditions. 88) The drainage plan must provide for the site having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 89) Surface water generated from the site shall not drain over the sidewalk or driveway into the gutter on Stewart & Gray Road and/or Hall Road. A parkway drain(s) is required for sites. NPDES 90) 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). 91) Owner/applicant shall comply with the Low Impact Development requirements. The owner/applicant shall provide separate Low Impact Development plan and report for review and approval from the City of Downey Engineering Division. Low Impact Development design shall comply with Attachment H of the City of Downey’s MS4 Permit per the design criteria set by the County Regional Board. 92) If any hazardous material is encountered on the site that has the potential to reach t he ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 93) If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA. 94) The owner/applicant shall deploy Best Management Practices during and after construction. Water & Sewer 95) The owner/applicant shall furnish and install public potable water and sewer improvements to City Utilities Division standards. 96) Owner/applicant shall furnish and install dedicated landscape irrigation and domestic water service lines, meters, and boxes in accordance with City Utilities Division standards. Such improvements shall also include the removal/abandonment of any existing water service lines, meters, and boxes. 97) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire Department and Building and Safety standards. 98) The owner/applicant shall furnish and install dedicated fire service lateral(s) including backflow devices, fire department connections and other appurtenances as required by the City Utilities Division and the Downey Fire Department. Such improvements shall include removal/abandonment and replacement of existing fire service laterals, backflow devices, Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 22 vaults, and associated facilities with new facilities to current Downey standards and materials. New 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 them. New fire service laterals shall be looped between Hall Road and Stewart and Gray Road for redundancy. 99) The owner/ applicant shall confirm availability of adequate fire flow and pressure in accordance with the City Utilities Division and Downey Fire Department requirements. If it is determined that proposed fire service(s) require a larger main than the current existing mains located on Hall Road and Stewart and Gray Road, owner/applicant shall provide for extension and/or installation of new water main(s) as necessary. 100) Owner/applicant shall furnish and install new City fire hydrants along the property frontage to City Utilities Division and Fire Department standards. Owner/applicant shall also install any other onsite privately-owned fire hydrants in accordance with City Fire Department requirements. 101) The owner/ applicant shall furnish and install backflow device(s) in accordance with the City Utilities Division and the Los Angeles County Department of Public Health requirements. 102) 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 as/if applicable depending on final locations/alignments. 103) Owner or tenant must establish accounts with the City Cashier prior to the City activating and the tenant using any fire and potable water services and meters. 104) The owner/applicant shall provide separate water improvement plan sets for review and approval from the City of Downey Utilities Division consisting of the following: a) Potable Water Improvement Plans (all City-owned potable water and fire service lateral improvements) 105) Final City approved potable water improvement plans shall be submitted on mylars and shall be signed and stamped by a State of California licensed civil engineer. Improvement plans for potable main (as/if applicable) improvements shall be both plan and profile. 106) The owner/applicant shall install/construct new sewer laterals to connect to existing sewer main off of Hall Road and/or Stewart and Gray Road. Owner/applicant shall provide for the design and improvements of sewers in a separate Off-site Sewer Improvement Plan and shall be to the standards of the City Utilities Division. Septic systems are not acceptable. 107) The owner/applicant shall vacate existing sewer easement(s) and abandon/remove existing sewer lateral that is located within the property from the 15” trunk sewer main off of Woodruff Avenue. All sewer abandonments within City right-of-way shall be submitted in the separate Off-site Sewer Improvement Plan and shall be to the standards of the City Utilities Division. Exhibit C Resolution No. 24-4023 Downey Planning Commission PLN-21-00025 & PLN-23-00086– 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road March 6, 2024 - Page 23 108) The owner/applicant is responsible for coordinating with and payment to the City and County Sanitation District of Los Angeles County for all sanitary sewer connection and capacity charges. 109) The owner/applicant shall provide separate offsite sewer improvement plans for review and approval by the City of Downey Utilities Division. 110) Upon completion of public water and sewer improvements, owner/applicant shall submit red-lined construction plans to City noting all changes to the plan and profile of all water and sewer improvements installed. Such changes shall be incorporated into a final record drawing mylar(s) which shall be signed and stamped by the original engineer and/or architect of record and submitted to the City along with digital files (AutoCAD – latest edition). [End of Conditions] Exhibit C