HomeMy WebLinkAboutResolution No. 24-8269 - Approving Site Plan Review, Conditional Use Permit, & Variance for the Construction of YMCA Park & Recreational FacilityA RESOLUTION OF THE CITY COUNCIL OF THE ,-CITY - OF DOWNEY
APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND
VARIANCE,- THEREBY ALLOWING THE CONSTRUCTION OF A 18,718
SQUARE FOOT YMCA PARKS AND RECREATIONAL FACILITY AND 975
SQUARE FOOT GYMNASIUM ADDITION
WHEREAS, on May 21, 2024, the applicant, Rodrigo Abello (a representative of YMCA of
Los Angeles), formally submitted a request for a Zone Change, Site Plan Review, Conditional
Use Permit, Variance, and Lot Merger, to construct a new 18,718 square foot YMCA parks and
recreational facility at 11521 Downey Avenue, 11531 Downey Avenue, and 8268 Arnett Street
("Project") and
WHEREAS, on June 21, 2024, the applicant was issued a letter deeming the application
incomplete; and
WHEREAS, on July 23, 2024, upon review of all required materials submitted, the
applicant was issued a letter deeming the application complete; and
WHEREAS, on August 8, 2024, notices of a Planning Commission public hearing for a
Zone Change, Site Plan Review, Conditional Use Permit, Variance, and Lot Merger were sent to
all tenants and property owners within 500 feet of the subject site, and the public hearing notice
was published in Downey Patriot; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 21,
2024, and after fully considering all oral and written testimony, facts, and opinions; adopted
Resolution No. 24-4036 recommending approval of a Site Plan Review, Conditional Use Permit,
and Variance by the City Council for the Project; as well as Resolution 24-4035 recommending
approval of a Zone Change and Resolution 24-4037 recommending approval of a Lot Merger;
and
WHEREAS, the City Council held a duly noticed public hearing on September 24, 2024,
to fully consider all oral and written testimony and facts and opinions regarding the Zone Change,
Site Plan Review, Conditional Use Permit; Variance, and Lot Merger.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: -
SECTION 1. The City Council of the City of Downey hereby finds, determines, and
declares as follows regarding the Site Plan. Review:
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
YMCA parks and recreational 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 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
Resolution No.24-8269
Page 2
The site is located within a commercial general plan designation and was originally
developed between the years of 1947 and 1965. The new proposed parks and I
recreational facility will revitalize the site with a new contemporary building,
landscaping, and improved vehicular circulation, which will improve the overall
aesthetic of the subject property;
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.
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 100 permanent jobs.
City Value To provide excellent housing, educational, employment, and
recreational
opportunities<
Program 1.1.5.3 — Promote recreation and entertainment uses that serve
needs of the
public.
The site plan promotes the above policies by introducing a unique commercial i
recreation facility within the city, and adds to the amount of recreational options
available to residents:
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 funJacceptable levels.
As part of the project, a Noise Study ;identified that the development while in
operation, will not generatenoise beyond the levels allowed within the Downey
Municipal Code.
Noise levels generated by temporary construction and long-term operations will not
exceed the City's noise ordinance. Construction activity is expected to produce
noise at a maximum level of 78.8 dBA. The DMC restricts construction noise to
between 7:00 a.m. and 9:00 p.m., with a maximum level of 85 dBA at property
boundaries.
i
Long term operational noise will occur from the pickleball court, rooftop ,air
conditioning units, and vehicle noise from the parking lot. Operational noise levels
will peak at 47.8 dBA during the day and 43.0 dBA at night. The DMC restricts
Resolution No. 24-8269
Page 3
noise in proximity to residential zones to a maximum of 55 dBA during the day,
and 45 dBA at night. Additionally, in an effort to control noise, the Project will
feature a 10-foot Acoustifence around the pickleball court and will close it at night.
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 vacant parks and
recreational 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 1965 and is surrounded by a mix of older
single-family, multi -family, and commercial properties. 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.
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 C-P (Commercial Office) zone, as stated in the
Downey Municipal Code, "is intended to provide for the development of integrated
office and professional areas wherein related types of uses and facilities may also
be located. The provisions of this zone are intended to encourage the most
desirable relationship of permitted uses and to provide a transition between more
intensive commercial activities and residential areas." The proposed YMCA parks
and recreational facility aims to provide a service to the community, and in
particular nearby residential properties. In addition; the proposed facility will
operate from 6:00 am — 9:00 pm on weekdays, 8:00 am — 4:00 pm on Saturdays,
and 12:00 pm — 5:00 pm on Sundays. These hours are compatible with nearby
residential uses. Therefore; the proposal application is found to be in conformance
with the purpose statement above.
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 18,718 square foot building will serve as a significant
upgrade from the existing' facility on the site and nearby community. 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.
Resolution No. 24-8269
Page 4
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 project design incorporates the DMC required amount of
parking and - landscaping, including quantity of -parking, quantity of trees,
landscaping square footage, setbacks, parking stall dimensions, and ADA parking.
In addition, the driveway approaches and on -site drive -aisles are 26' wide and
provide adequate amount space for emergency vehicles to maneuver throughout
the lot. 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 smaller scale commercial development. The
height and size of structure will be significantly smaller than the current structure
on site. The proposed architectural style utilizing various types of materials,
glazing, colors, and multiple roof heights 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. This proposed
development elevates the quality of design of all commercial properties within the
City.
F. The site plan and design considerations shall tend to upgrade properties 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 existing facilities on site and
is compatible with surrounding properties although it will be newer than most
developments withinits proximity. In addition, the redevelopment of this site has
the potential to serve as an example of higher quality architecture for future non-
residential development 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
Section4960 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 2. The City Council of the City of Downey hereby further finds, determines, and
declares as follows regarding the Conditional Use Permit:
A. The requested Conditional Use Permit will not adversely affect the intent and
purpose of Article IX of the Downey Municipal Code (Land Use) or the City's
General Plan or the public convenience or general welfare of persons residing or
Resolution No. 24-8269
Page 5
working in the neighborhood thereof. The project is consistent with all applicable
goals and policies specified in the'City's General Plan, as well as policies stated in
the Downey Municipal Code. Environmental assessments conducted for the
project indicate the project will not produce impacts, as they relate to Noise, Air
Quality and Greenhouse Gas Emissions, Cultural Resources, and Traffic. The
subject site is ;able to meet the parking demands of the proposed use, thus no
parking impacts are -expected. In addition, the owners also own an adjacent
parking lot that is intended to be utilized for additional parking. The project helps
achieve long term goals within the City's General Plan by providing additional
recreational services to the community. The following policies are promoted by the
proposed CUP:
City Value — To provide excellent housing, educational, employment, and
recreational
opportunities.
Program 1.1.5.3 — Promote recreation and entertainment uses that serve needs of
the public.
The CUP promotes the above policies by preserving a unique parks and
recreational facility that was previously present within the city from 1965 to 2020,
and will continue to contribute to the amount of recreational options available to
residents
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located. The proposed
use will be compatible with, and intends to compliment, other uses within the
nearby -commercial and residential areas. Parks and recreational facilities are
common found near residential properties and intend to directly serve the adjacent
community. in addition, it is anticipated the use will not adversely affect
surrounding properties because the use, and conditions applicable to the use, can
be classified as a less intensive use than others allowed in commercial zones. The
intensity, or lack of, is ideal for the Commercial Office (C-P) zone in that it creates
a buffer between sensitive uses and larger more instance commercial uses.
Conditions of approval have been incorporated in an effort to ensure compatibility
with existing and future uses, as well as mitigate any potential impacts:
C. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area. The request for the proposed scope of work does not include changes to any
lots outside of the subject ;site, or work required in the public right-of-way. In
addition, the proposed use is in compliance with the Downey Municipal Code,
including adequate parking requirements. The proposed work does not create
alterations that would restrict an existing use located within the nearby area from
continuing to use their property as currently developed, and does not restrict those
properties from altering their structures or operations. Lastly, the new use will
decrease in overall size in comparison to the previous use on site. Therefore, the
size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area.
Resolution No. 24-8269
Page 6
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. A traffic analysis conducted aspartof the
requirements for the project found that the project would produce a net decrease
of 608 daily vehicles trips. This means that the level of service for nearby road
segments will not be altered, and no undue burdens to nearby streets or highways
will occur as a result of the project.
SECTION 3. The City Council of the City of Downey hereby further finds, determines;and
declares as follows regarding the Variance.
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 YMCA
facility presents a unique circumstance related to how the site is operated and was
constructed. The existing YMCA facility appears to be one structure because all of
its separate components are attached.- However, the overall facility presents a
unique circumstance because various portions of its structure rely on completely
independent structural and architectural components: Unlike a traditional structure,
the gymnasium is more so built as a separate abutting structure. The gymnasium
is completely enclosed and sustained by its own individual walls and foundation. In
addition, the gymnasium could remain in place without any support from
surrounding structures or retrofitting. Therefore; because the gymnasium can stand
independently, it is reasonable to determine that it is a separate structure from the
rest of the overall YMCA building. In this case, the gymnasiums' setback may be
granted, through a variance, with the same legal nonconforming 'rights granted to
detached standalone structures. if the gymnasium were completely detached, then
DMC Section 9410.12(c) would not apply and the structure would be able to remain
in place by right. Therefore, once' again the particular way in which the structure
was designed and built presents a unique circumstance that supports the approval
of the requested variance:
B. The literal interpretation of the provisions of Article IX of the Downey Municipal
Code (Land Use) would deprive the applicantofrights under the terms of this article
commonly enjoyed by other properties in the same vicinity and zone in which the
property is located. The direct request is for the YMCA gymnasium to be granted
to retain its current legal nonconforming rights, the same rights applicable to
detached structures. If the gymnasium were completely detached. 'then DMC
Section 9410.12(c) would not apply and the structure would be able to remain in
place by right. The particular way in which the structure was designed and built
presents a unique circumstance that supports the approval of the requested
variance. Much like a detached structure, the gymnasium is completely enclosed
and sustained by its own individual walls and foundation. The gymnasium could
remain in place without any support from surrounding structures or retrofitting.
Therefore, approval of the variance would allow the gymnasium the same
privileges commonly enjoyed by other properties with detached structures.
C. Exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. The YMCA gymnasium was constructed in 1965 under the
applicable development standards at the time. At that time, the developer could not
have known that the gymnasium would need to be demolished under future
development standards in order to upgrade the site. Therefore, the exceptional or
extraordinary circumstances are not reasonably due to the actions of the applicant.
Resolution No.24-8269
Page 7
D. Granting the Variance requested will not confer on the applicant any special
privilege that is denied by Chapter 8 of Article IX of the DMC to other lands,
structures, or buildings in the same vicinity and zone in which the property is
located. ,It is assumed that all similar structures, with equal characteristics, would
make the same request in order to preserve a structure that can structurally stand
and operate independently from other abutting structures.
Unlike a traditional structure, the gymnasium is built much like a separate abutting
structure. The gymnasium is completely enclosed and sustained by its own
individual walls and foundation. The gymnasium could remain in place without any
support from surrounding structures or retrofitting. Therefore, because the
gymnasium can stand independently it is reasonable to determine that it is a
separate structure from the rest of the overall YMCA building. In this case, the
gymnasiums' setback and height may be granted, through a variance, the same
legal nonconforming rights granted to detached standalone structures in other
lands, structures, or buildings in the same vicinity and zone:
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
continuation of nonconforming setbacks and height for the gymnasium 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 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
The site is located within a commercial general plan designation and was originally
developed between the years of 1947 and 1965. The new proposed parks and
recreational facility will revitalize the site with a new contemporary building,
landscaping, and improved vehicular circulation which will improve the overall
aesthetic of the subject property:
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.
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 100 permanent jobs.
City Value — To provide excellent housing, educational, employment, and
recreational
opportunities.
Program 1.1.5.3 — Promote recreation and entertainment uses that serve
needs of the
public.
Resolution No. 24-8269
Page 8
The Variance promotes the above policies by introducing a unique recreation
facility within the city, and adds to the amount of recreational options available to
residents and mall patrons:
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 Cunjacceptable 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.
Noise levels generated by temporary construction and long-term operations will not
exceed the City's noise ordinance. Construction activity is expected to produce
noise at a maximum level of 78.8 dBA. The DMC 'restricts construction noise to
between 7:00 a.m. and 9:00 p.m., with a maximum level of 85 dBA at property
boundaries.
Long term operational noise will occur from the pickleball court, rooftop air
conditioning units, and vehicle noise from the parking lot. Operational noise levels
will peak at 47.8 dBA during the day and 43.0 dBA at night. The DMC restricts
noise in proximity to residential zones to a maximum of 55 dBA during the day,
and 45 dBA at night. Additionally, in an effort to control noise, the Project will
feature a 10-foot Acoustifence around the pickleball court and will close it at night.
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 vacant parks and
recreational 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 `
g p P q y g y p�9�
remained relatively the same since 1965 and is surrounded by a mix of older
single-family, multi -family, and commercial properties. The redevelopment of this
Resolution No. "24-8269
Page 9
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 the
variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure. The main reason is that the design and operation of the
gymnasium resembles a detached structure. Detached structures would not be
subject to the provisions of Downey Municipal Code Section 9410.12(c), and would
be allowed by -right to maintain 'their legal nonconforming status.As the YMCA
gymnasium shares many of the same characteristics as a separate standalone
detached structure, it is justified for the gymnasium to be granted the same legal
nonconforming rights.
SECTION 4. The City Council 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 CEQA Guidelines Section 15332 (Class 32 —'In-
fill Development Projects). Class 32 exemptions consist of projects characterized as in -fill
development meeting the following conditions: the project is consistent with the applicable general
plan and zoning designations; the proposed development occurs within city limits on a site of no
more than 5 acres substantially surrounded by urban uses; the project site has no value as habitat
for endangered, rare, or threatened species; approval of the project would not result in any
significant effects relating to traffic; noise, air quality, or water quality; and the site can be
adequately served by all required utilities and public services.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution,
the City Council hereby approves the Site Plan Review, Conditional Use Permit, and Variance
(PLN-23-00168) for the Project, 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 City Council to make the findings set forth in the previous sections. The conditions
are fair and reasonable for the accomplishment of these purposes. ,
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 24th day of September, 2024.
MARIO TRUJILLO, or
ATTEST:
4AAAL ICIA DUARTE, C
City Clerk
Resolution No. 24-8269
Page 10
APPROVED AS TO FORM:
7
JOHrJAA. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a Regular meeting held on the 24t" day of September, 2024, by the following
vote, to wit:
AYES: Council Members: Ortiz, Pemberton, Sosa, Mayor Trujillo
NOES: Council Members: None.
ABSENT: Council Members: Frometa
ABSTAIN: Council Members: None.
4AkA4A-'L'616`lADU,A4RTE, �CC���
City Clerk
i
i
Resolution No.-24-8269
Page 11
PLN-23-00168 (SITE PLAN REVIEW,CONDITIONAL USE PERMIT AND VARIANCE)
-EXHIBIT A — CONDITIONSPLANNING
1) The approval of this Site Plan Review (PLN-23-00168) allows for the construction of a
one-story, 18,718 square foot industrial tilt -up building to be built at;a maximum height of
27 feet tall, located at 11521 Downey Avenue and 8268 Arnett Street (C-P Zone), and at
11531 Downey Avenue (O-S zone)_(APNs: 6255-013-032, 6255-013-033, AND 6255-
013-034) as reflected on plans date stamped August 21, 2024. The overall site shall also
includes the retention of a 7,625 square foot gymnasium with a 975 square foot addition,
and construction of a 2,271 square foot basement.
2) The approval of this Conditional Use Permit (PLN-23-00168) allows the operation of a
Parks and Recreational Facility.
3) The approval of this Variance (PLN-23-00168) grants a deviation from Downey Municipal
Code Section 9410.12(c) (Additions, Enlargement, and Remodels) allowing the retention
of a 7,625 square foot gymnasium to remain in place, and retain its current legal non-
conforming standards related to height and setbacks_
4) The Site Plan Review, Conditional Use Permit, and Variance (PLN-23-00168) shall
become null and void unless permits for the proposed project are issued within twenty-
four (24) months of this date, August 21, 2024. Time extensions may be granted by the
Community Development Director" if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
5) 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.
6) The site shall remain in substantial conformance with this request and the approved set
of plans.
7) 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.
8) The Community Development Director 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.
Resolution No. 24-8269
Page 12
9) 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.
10) 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.
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
Community Development Director.
12) All finished materials shall be to the satisfaction of the Community Development Director.
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 Community
Development Director prior to the issuance of Building Permits.
13) All landscaping shall comply with the DowneyMunicipal Code, be composed of drought
tolerant plants; and requires final approval from the Community Development Director'
prior to the issuance of Building Permits,
14) The permitted hours of operation:
l
Monday - Friday 6:00 am - 9:00 pm
Saturday 8:00 am - 4:00 pm
Sunday 12:00 pm 5:00 pm
15) 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.
16) 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.
17) 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 Community Development Director.
18) Any bollards on the site visible from the public right-of-way must be decorative in nature
and shall be approved by the Community Development Director.
19) 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.
Resolution No. 24-8269
Page 13
20)
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
Community Development Director, that the finished materials will comply with this
requirement.
21)
Any graffiti applied to the site shall be removed within 48 hours.
22)
The applicant must provide stamped color concrete or pavers across the driveways. The
stamped color concrete or pavers shall be selected by the applicant and approved by the
Community Development Director prior to building permit issuance:
23)
Roof -mounted equipment shall be screened by the building parapet wall at all times.
Alternative supplemental screening design and materials must be approved by the
Community Development Director.
24)
All above grade back -flow preventers and check valves shall be painted green and
screened from view from the public right-of-way with landscaping installed 3' feet away
from the apparatus as approved by the Community Development Director and Fire Chief.
25)
Noise generated from the site shall comply with Municipal Code Section 4600 et. seq. In
any case, noise shall not exceed'55 dBA from 7:00 a.m. to 10:O0 p.m. and 45 dBA from
10 00 p.m. to 7:00 a.m., as measured at all property lines: Construction hours shall be
limited to 7:00 a.m. to 7:O0 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. No night-
time construction shall be permitted as part of this project, unless a noise study is
f
submitted to the Community Development Director indicating that noise levels produced
1
by any construction will not exceed 45 dBA.
26)
The applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the
approved set of building plans.
CULTURAL RESOURCES
27)
A monitor(s) shall be obtained and present during grading/excavation/trenching.
a) The archaeological monitor shall be present full-time during all soil -disturbing and
grading/excavation/trenching activities that could result in impacts to
archaeological resources.
28)
Discovery Notification Process
a) In the event of an archaeological discovery, either historic or prehistoric, the
archaeological monitor shall direct the contractor to temporarily divert all soil -
disturbing activities, including but not limited to, digging, trenching, excavating, or
grading activities in the area of discovery and in the area reasonably suspected
to overlay adjacent resources, and immediately notify the California Native
American Heritage Commission to identify appropriate procedure for preserving
said discovery:
b) The monitor shall immediately notify the City of Downey of the discovery.
Resolution No."24-8269
Page 14
29) Determination of Significance
a) The monitor shall evaluate the significance of the resource. if human remains are
involved, Condition#31 below, shall be followed.
i) The monitor shall immediately notify the City of Downey to discuss the
significance determination and shall also submit a letter to the City of
Downey indicating whether additional mitigation is required.
ii) if the resource is "significant, the monitor shall submit an Archaeological
Data Recovery Program (ADRP) and obtain written approval from City of
Downey to implement that program. Impacts to significantresourcesmust
be mitigated before ground -disturbing activities in the area of discovery
will be allowed to resumer
iii) If theresourceis not significant, the monitor shall submit a letter to the
City of Downey indicating that artifacts will be collected, curated, and
documented in the final monitoring report. The letter shall also indicate
that that no further work is required.
30) Discovery of Human Remains
a) If human remains are discovered, work shall halt in that area until a
determination can be made regarding the provenance of the human remains; and
the following procedures as set forth in CEQA Section 15064.5(e), the California
PRC (Section 5097.98), and the State Health and Safety Code (Section 7050.5)
shall be undertaken:
i) Notification
(1) The archaeological monitor shall notify the City of Downey.
(2) The monitor shall notify the Coroner's Division of the Los Angeles
County Sheriff's Department after consultation with the City of
Downey, either in person or via telephone.
ii) Isolate discovery site
(1) -Work shall be directed away from the location of the discovery and
any nearby area reasonably suspected to overlay adjacent human
remains until a sheriff -coroner in consultation with the monitor
concerning the provenance of the remains.
(2) The sheriff -coroner, in consultation with the monitor, will determine
the need for a field examination to determine the provenance.
(3) If a field examination is not warranted, the sheriff -coroner will
determine, with input from the monitor, if the remains are or are
most likely to be of Native American origin:
iii) If Human Remains ARE determined to be Native American
(1) - The medical examiner will notify the NAHC within 24 hours. By
law, only the medical examiner can make this determination.
(2) The NAHC will immediately identify the person or persons
determined to be the most likely descendent (MILD) and provide
contact information.
(3) The MLD will contact the monitor within 24 hours or sooner after
the sheriff -coroner has completed coordination to begin the
consultation process in accordance with CEQA Section
15064.5(e), the California PRC, and the State Health and Safety
Code;
(4) The MILD will have 48 hours to make recommendations to the i
;property owner or representative for the treatment or disposition i
with proper dignity of the human remains and associated grave
Resolution No. 24-8269
Page 15
goods:
(5) Disposition of Native American human remains will be determined
between the MLD and the monitor, and, if:
(a) The NAHC is unable to identify the MLD; OR
(b) The MLD failed to make a recommendation within 48 hours
after being notified by the NAHC; OR
(c) The landowner or authorized representative rejects the
recommendation of the MLD and mediation in accordance
with PRC 5097.94 (k) by the NAHC fails to provide measures
acceptable to the landowner; then
(d) Upon the discovery of multiple Native American human
remains during a ground -disturbing land development activity,
the landowner may agree that additional conferral with
descendants is necessary to consider culturally appropriate
treatment of multiple Native American human remains.
Culturally appropriate treatment of such a discovery may be
ascertained from review of the site utilizing cultural and
archaeological standards. Where the parties are unable to
agree upon the appropriate treatment measures, the human
remains and grave goods buried with the Native American
human remains shall be reinterred with appropriate dignity. ;
31) If Human Remains are NOT Native American
a) The monitor shall contact the sheriff -coroner and notify them of the historic -era
context of the burial.
b) The sheriff -coroner will determine the appropriate course of action with the
monitor and county staff (PRC 5097.98).
c) If the remains are of historic origin, they shall be appropriately removed and
conveyed to Los Angeles County. The decision for internment of the human
remains shall be made in consultation with County, the applicant/landowner, and
any known descendant group.
32) Post Construction:
a) Preparation and Submittal of Draft MonitoringReport
i) The monitor shall submit to City of Downey a draft monitoring report
(even if negative) prepared in accordance with the agency guidelines,
which describes the results, analysis, and conclusions of all phases of the
archaeological monitoring program (with appropriate graphics).
(1) For significant archaeological resources encountered during
monitoring, the ADRP shall be included in the draft monitoring
report.
(2) Recording sites with the State of California Department of Parks
and Recreation shall be the responsibility of the monitor, including
the recording (on the appropriate forms-DPR 523 A/B) any
significant or potentially significant resources' encountered during
the archaeological monitoring program.
ii) The monitor shall submit a revised draft monitoring report to the City of
Downey for approval, including any changes or clarifications requested by
the City.
b) Handling of Artifacts
i) The monitor shall be responsible for ensuring that all cultural remains
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Resolution No. 24-8269
Page 17
insulation and shall use to the extent feasible draught landscaping.
�< 40) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements -- per the Business and Professions' Code.
41) 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.
FIRE
42) 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.
43) Design and construction to meet all conditions for Assembly Group occupancy as it relates
to the occupant load, exiting, exit sizing, exit illumination, emergency lighting, etc.
44) An occupancy load sign shall be posted and be clearly visible.
45) A fire flow study may be required to ensure adequate fire flow is available for the proposed
construction based on building area and construction type.
46) Location shall be equipped with an automatic sprinkler system. A deferred automatic fire
sprinkler plan shall be submitted. Automatic fire sprinkler system design, installation, and
testing shall be per NFPA 13.
47) Location shall be equipped with a fire alarm and detection system. A deferred fire alarm
and detection system plan submittal required. Automatic fire alarm and detection system
design, installation, and testing shall be per NFFA 72:
48) Exit signs shall be properly illuminated and readily visible from any direction of egress
travel.
49) Install approved key boxes (e.g. Knox Boxes) to occupancy.
50) Premises shall be appropriately addressed. An approved address identification shall be
provided that is legible and placed in a position that is visible from the street/road. Sizing
shall be approved and at a minimum meet requirement of CA Fire Code.
51) Establish of hazardous materials business plan (HMBP) for handling of chemicals related
to swimming pool sanitization. This plan must be submitted to the California Environmental
Reporting System (CERS) and include the name, quantity, and location of hazardous
materials present on site.
Resolution No.24-8269
Page 18
PUBLIC WORKS
Streets 1
52) All public utilities shall be installed underground.
53) 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).
54) 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,
Associate Civil Engineer, at (562) 904-7110 for information:
55) 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 identifyt e limits of the areas to
be removed and replaced at least one week prior to commencing work.
56) Submit public improvement plan(s) for review and approval by Public Works Department.
57) All unused driveways shall be removed and constructed with full -height curb gutter, and
sidewalk to match existing 'improvements:
'1
58) Construct new driveways at least five (5) feet away from any above -ground obstructions
in the public right-of-way to the top of the driveway ' X." Otherwise, the obstruction shall
be relocated at the applicant's expense. Ensure that each driveway provides proper
pedestrian access across, in compliance with ADA standards. The final layout and site
driveway design shall be subject to the review and approval by the Public Works
Department.
59) Remove and replace the asphalt street pavement one lane -width (or other specified limits)
from the edge of the gutter (gutter lip) along Arnett Street and Downey Avenue. Restore
pavement markings as needed. Repair any visible utility -cut pavement failures up to the
street centerline
60) Remove all Underground Service Alert (USA) temporary pavement markings immediately
following the completion of the work / Final permit inspection:
61) If 'necessary install any new stop signs, do not enter, right turn only, and all other
miscellaneous signage as required by the Department of Public Works
62) Paint property address numbers (4" height) on the curb face in front of the proposed
development to the City's satisfaction.
63) Drive approaches shall match driveway width as specified in City standard drawing No.
19.
64) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
Resolution No. 24-8269
Page 19
Water & Sewer
65) The owner/applicant shall furnish and install separate water service lines, meters, and
boxes (min. 1-inch) for each building space. Connect new separate water service lines to
existing 8-inch or 10-inch water main located on Downey Avenue
66) 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 PublicWorks and Fire
Department standards including backflow devices, fire department connections and other
appurtenances as required. New fire service lateral(s) shall be connected to the existing
8-inch or 10-inch water main located on Downey Avenue and shall be dedicated for fire
service only.
67) 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.
68) 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.
69) Existing potable and fire water service lines- and associated appurtenances 'must be
removed and abandoned from the existing water main.
70) The owner/applicant shall furnish and install the public potable water improvements,
including extension -and/or replacement of existing mains and associated facilities,
necessary to provide adequate fire flow and pressure to the site.
71) The owner/applicant shall furnish and install new water service lines) meter(s), and
box(es) (min. 1-inch) for landscape irrigation purposes. Connect new water service lines
to existing 8-inch or 10-inch water main located on Downey Avenue:
72) The owner or tenant must establish accounts with the City Cashier prior to the City
activating and the tenant using any fire, potable, or recycled water service and meter.
73) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of the following:
a) Potable Water, Improvement Plans (all City -owned potable water and fire service
lateral improvements)
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 water improvements shall be both plan and profile.
74) Upon completion of water improvements, the owner/applicant :shall submit red -lined
construction plans to the City noting' all changes to the plan and profile of all water
improvements installed. Such changes shall be incorporated into a final record drawing
Resolution No.24-8269
Page 20
mylar 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).
75) The owner/applicant shall provide and record utility easement(s) for access to, and I
inspection and maintenance of, public water lines, meters, and appurtenances. -
76) The owner/applicant shall furnish and install a new 6-inch Vitrified clay pipe (VCP) sewer
lateral(s) (to the front property line) for each building in the lot and abandon any existing
unused sewer laterals. 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.
77) Submit a copy of the sewer plans to the City and 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.
78) The owner/applicant shall consult the Department of Public Works to determine the sewer
location and design requirements.
79) The proposed development 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.
80) The water mains shall be of sufficient size to accommodate the total domestic and fire flow
required for the development. The domestic/fire water flows required are to be checked
and approved by the Department of Public Works or the water provider for size and
velocity. -Fire flows required are to be determined by the Fire Chief.
81) Any deviation from the city standards in constructing the water and sewer lines shall be
approved by the Los Angeles County Health Department.
82) The owner/applicant shall retrofit any existing fire hydrant(s) within the property frontage
in accordance to the 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. If substandard Materials/fittings (ACP, Galvanized, Caulked Joints,
etc.) are encountered, the owneddeveloper/contractor shall install a new fire hydrant
assembly (tee, gate valve, lateral, and head).
Grading
83) 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
Resolution No. 24-8269
Page 21
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.
84) 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.
85) Historical or existing storm water runoff from adjacent lots must be received and directed
by gravity to the street, a public drainage facility or an approved drainage easement. -
NPDES
86) 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).
87) Owner/applicant shall comply with the Low Impact Development requirements. The
owner/applicant shall provide a separate Low Impact Development plan and report for
review and approval from the City of Downey Engineering Division
88) The owner/applicant shall secure a WDID number along with his SWPPP.
89) 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.
90) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
91) The owner/applicant -shall deploy Best Management Practices during and after
construction.
Recycling
92) The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling' facilities. The facility design must provide for refuse/recycle enclosure with roof
cover (location, size). Trash enclosure shall include a roof cover and enough room to
accommodate for organic waste recycling bin in accordance with new Senate Bill (SB)
1383 - California's Short -Lived Climate Pollutant Reduction Strategy.
93) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
General
94) Construct onsite pavement, consisting of a minimum section of 4" thick aggregate base,
and a minimum 2-1/2 thick asphalt concrete pavement. Construct Pavement on -site
parking and circulation areas as required by a pavement engineering or geotechnicai
Resolution No.24-8269
Page 22
report prepared by a Registered Civil Engineer, subject to the review and approval of the
Public Works and Community Development Departments.
95) 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.
96) 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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