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HomeMy WebLinkAbout3. PLN-14-00256 - 9515 LakewoodSTAFF REPORT PLANNING DIVISION DATE: JULY 1, 2015 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-14-00256 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A 16,371 SQUARE FOOT GYM (PLANET FITNESS) LOCATION: 9515 LAKEWOOD BLVD ZONING: C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER) REPORT SUMMARY The Planning Commission approved the Downey Crossroads project (an adaptive reuse of a former automotive dealership) on May 20, 2015. Planet Fitness is proposing to occupy a 16,371 square foot tenant space within this project and open a new gym. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-14-00256), THEREBY ALLOWING THE OPERATION OF A GYM WITHIN A 16,371 SQUARE FOOT TENANT SPACE ON PROPERTY LOCATED AT 9516 LAKEWOOD BLVD, ZONED C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER). BACKGROUND The subject site is 3.56-acre irregular-shaped parcel that is located on the southwest corner of Lakewood Blvd and Gallatin Road. The parcel frontage along Lakewood Blvd. measures 451 feet and 394 feet along Gallatin Road. Vehicle and pedestrian access to the site is available through multiple drive approaches on both Lakewood Blvd. and Gallatin Rd. The property has a General Plan Land Use Designation of General Commercial. The majority of the parcel it zoned C-2 (General Commercial); however, a small portion on the southwest corner is zoned P-B (Parking Buffer). The project site was formerly occupied by a new car dealership (Downey Lincoln Mercury), which ceased operation in 2009. However, on May 20, 2015, the Planning Commission Agenda Page 1 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 2 approved an adaptive reuse of the site, which will include demolishing approximately half of the buildings, upgrading the facades, and completing various other site work. View of tenant space (as exists) from Gallatin Rd. Approved façade modification To the west of the project site are residential properties that include single and multi-family homes. The north side of the site is bounded by Gallatin Road. Across Gallatin Road (northwest corner of Lakewood and Gallatin) is a commercial development that includes a restaurant and a small office building. This commercial development is surrounded by a 46 unit townhome development. South of the project site are various commercial businesses, including a used car sales business and offices. The west side of the project site is bounded by Lakewood Blvd. Across Lakewood is a vacant new car dealership. However, the City of Downey has approved a project for this site called ‘The Commons at Gallatin’. The Commons project involves demolishing all of the buildings on site and constructing two new buildings to accommodate several restaurant uses. A multitenant shopping center, The Marketplace at Gallatin Road, exists on the northeast corner of Lakewood Blvd. and Gallatin Rd. On December 22, 2014, the applicant submitted a request for the Conditional Use Permit to establish the gym at the site. The application was deemed incomplete due to missing Agenda Page 2 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 3 information on the project plans. On May 28, 2015, the applicant submitted the remaining information needed to process the request to the City. Accordingly, staff deemed the application complete on May 29, 2015. On June 18, 2015, notice of the pending public hearing was published in the Downey Patriot. Additionally, the notice was mailed to all property owners within 500’ of the subject site. DISCUSSION The proposed gym will be located in the northernmost tenant space on the project site. The operator is Planet Fitness, which currently operates 1,000 facilities in the United States, Canada, and Puerto Rico. The entrance to the building will be facing Gallatin Road, with parking available on the east and west sides of the building. The majority of the floor plan is dedicated to general cardio and weight workout areas, with a small portion being reserved for circuit training and a stretching area. Men and women locker/restrooms are being proposed on the west side of the tenant space. Finally, the northwest corner of the tenant space is being dedicated to the “Beauty Lounge”, which includes massage chairs, hydro-massage tables, tanning beds, and red light therapy. All of this equipment is controlled and monitored through the front desk and does not require employment of massage technicians, esthetician, or other specialty licensed staff. Planet Fitness’ improvements are limited to the interior portion of the tenant space only, and all exterior improvements will be completed by the property owner as part of the Downey Crossroads project. Planet Fitness is requesting to operate 24-hours a day, seven days a week, which are their standard hours of operation. However, in reviewing the area, staff notes that there are both single-family and multi-family homes on the west side of the property, which are also adjacent to the parking area for the gym. While the gym will not have any doors that open towards these homes, staff is concerned about potential late night noise created by patrons arriving and leaving the site. Accordingly, staff is recommending a condition of approval that allows Planet Fitness to Conduct Business from 5:00 a.m. to midnight, Monday through Friday and from 7:00 a.m. to 10:00 p.m., Saturday and Sunday. Staff believes that these hours will balance the needs of people that wish to work out before work or late night, while avoiding noise impacts onto the neighbors. In addition to the limits on the hours of operation, staff is recommending a condition of approval that would prohibit any gym activities from occurring outside the tenant space. Staff is also recommending a condition of approval that would prohibit the applicant from blacking-out the widows, to allow interior activities to be visible from outside. This is necessary, in staff’s opinion, since the Crossroads project was designed to create a synergy between interior activities and the exterior of the building. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible Agenda Page 3 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 4 expansion of the existing building or use. Inasmuch as the applicant is occupying an existing tenant space within the building, staff feels that this request qualifies for this exemption. FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the Conditional Use Permit. A discussion of the findings follows: A. The requested Conditional Use Permit will not adversely affect the purpose and intent of the Zoning Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of General Commercial and the gym is within the C-2 (General Commercial) zone. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed development will satisfy these needs by providing a new gym to provide those who live and work in the area additional opportunity to work out. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” A review of the other businesses in the vicinity shows that there are no other gyms in the immediate area. It is staff’s opinion that approval of this Conditional Use Permit will provide a new service for the neighborhood, which is not readily available. For these reasons, staff believes the approval of this project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. More specifically, the surrounding properties are improved with either residential or commercial developments. Staff has reviewed the request and is of the opinion that the proposed development is designed in a manner that will not affect the ability of the surrounding properties to grow and/or develop. The proposed gym will not expand the building or extend outside the tenant space. Notwithstanding this, staff has recommended several conditions of approval, which will serve to mitigate any potential impacts on the neighboring properties. 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 subject site is an approximate 3.56-acre lot. Site improvements have been approved by the Planning Commission as part of the Downey Crossroads project. The proposed gym will not extend outside of the tenant space, thus will not alter the previous approval. Since the project will not extend beyond the confines of the building, staff is of the opinion that this approval will allow the operation of the use in a manner not detrimental to the particular area. Agenda Page 4 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 5 D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site can be accessed via Lakewood Blvd or Gallatin Rd. As part of the Downey Crossroad project a traffic impact analysis was prepared, which also analyzed traffic created by the proposed gym. Mitigation measures were included in the Crossroads approval to address traffic impacts. Since the traffic impacts were previously mitigated, there will be no undue burden on the streets or highways in the area. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed project is consistent with the goals and intent of the General Plan and Zoning Code. Furthermore, staff believes that all findings required for approving a Conditional Use Permit can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-14-00256), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Project Plans Agenda Page 5 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 6 MAPS Location Aerial Photograph Agenda Page 6 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 7 Zoning Agenda Page 7 RESOLUTION NO. _________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-14-00256), THEREBY ALLOWING THE OPERATION OF A GYM WITHIN A 16,371 SQUARE FOOT TENANT SPACE ON PROPERTY LOCATED AT 9516 LAKEWOOD BLVD, ZONED C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER) 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. December 22, 2014, the applicant submitted a request for the Conditional Use Permit to establish the gym at the site. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On May 28, 2015, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on May 29, 2015; and, C. On June 18, 2015, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on July 1, 2015, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of the Zoning Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of General Commercial and the gym is within the C-2 (General Commercial) zone. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed development will satisfy these needs by providing a new gym to provide those who live and work in the area additional opportunity to work out. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” A review of the other businesses in the vicinity shows that there are no other gyms in the immediate area. This Conditional Use Permit will provide a new service for the neighborhood, which is not readily available. Agenda Page 8 Resolution No. ___________ Downey Planning Commission 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 2 2. 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. More specifically, the surrounding properties are improved with either residential or commercial developments. The proposed development is designed in a manner that will not affect the ability of the surrounding properties to grow and/or develop. The proposed gym will not expand the building or extend outside the tenant space. Notwithstanding this, several conditions of approval have been included, which will serve to mitigate any potential impacts on the neighboring properties. 3. 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 subject site is an approximate 3.56-acre lot. Site improvements have been approved by the Planning Commission as part of the Downey Crossroads project. The proposed gym will not extend outside of the tenant space, thus will not alter the previous approval. Since the project will not extend beyond the confines of the building, this approval will allow the operation of the use in a manner not detrimental to the particular area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site can be accessed via Lakewood Blvd or Gallatin Rd. As part of the Downey Crossroad project a traffic impact analysis was prepared, which also analyzed traffic created by the proposed gym. Mitigation measures were included in the Crossroads approval to address traffic impacts. Since the traffic impacts were previously mitigated, there will be no undue burden on the streets or highways in the area. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit (PLN-14-00256), 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. Agenda Page 9 Resolution No. ___________ Downey Planning Commission 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of July, 2015. Hector Lujan, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 1st day of July, 2015, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 10 Resolution No. ___________ Downey Planning Commission 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 4 CONDITIONAL USE PERMIT (PLN-14-00256) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-14-00256) allows operation of a gym in a 16,371 square foot tenant space. 2) Approval of this Conditional Use Permit (PLN-14-00256) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant’s expense, City and City’s agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act, or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 4) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5) The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. 6) Construction 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 activity on Sundays. 7) The permitted hours of operation shall be 5:00 a.m. to midnight, Monday through Friday; and 7:00 a.m. to 10:00 p.m., Saturday and Sunday. 8) All tenant signs shall comply with the requirements of the City of Downey Municipal Code and any approved Planned Sign Program for the property. 9) The windows shall be kept free and clear to allow visibility through them. Tint is permitted, however the use of blackout tint or mirror tint is prohibited. Agenda Page 11 Resolution No. ___________ Downey Planning Commission 9515 Lakewood Blvd – PLN-14-00256 July 1, 2015 - Page 5 10) All uses related to the gym shall be limited to the interior of the tenant space. At no time shall any gym activity take place in the parking lot, landscape areas, walkways, or sidewalks. 11) Noise generated from the gym shall comply with the City of Downey Noise Ordinance at all times. BUILDING 12) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 13) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. FIRE DEPARTMENT 14) Plans to be submitted through Building and Safety and shall comply with the most recent version or the California Fire Code, as adopted by the City of Downey; current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. Agenda Page 12 SB SB PR O P E R T Y L I N E BU I L D I N G S E T B A C K LA N D S C A P E S E T B A C K DE D I C A T I O N LE G E N D : 46'-0" 10'-0" 12' - 0" 5' -0" 10' - 0" 10'-0" (E X I S T I N G T O R E M A I N ) RE T A I L S A L E S 11 , 1 3 0 S F (E X I S T I N G T O R E M A I N ) GY M 16 , 3 7 1 S F (P R O P O S E D ) DR I V E - T H R U R E S T A U R A N T 3, 0 0 0 S F (E ) 7' - 0 " C M U W A L L (E ) 7' - 0 " C M U W A L L LA K E W O O D B L V D . GALLATINRD. RAVILLERDR. BI R C H D A L E A V E . R- 3 R- 1 R- 1 R- 1 C- 2 R- 1 76' - 6"40' - 0" 12 4 ' - 6 " 83 ' - 4 " 85 ' - 8 " 2 T R E E S ( E ) T O R E M A I N 32 T R E E S ( E ) T O R E M A I N 12 T R E E S ( E ) T O R E M A I N (E X I S T I N G T O R E M A I N ) CU S T O D I A L O F F I C E 92 8 S F 18 ' - 0 " 36 ' - 0 5 / 8 " 15' - 10"6' - 8"89' - 0" (E ) 2' - 6 " C M U W A L L EV P A R K I N G EV P A R K I N G CIT YEASEMENT 30' - 0" 22' -2 1/4" FR E E S T A N D I N G S I G N 77 ' - 0 " 34' - 9 3/ 4" 10' - 0 " 5' -0" 67' - 0" CI T Y E A S E M E N T 28' - 7 9/16"4' - 0" 2' - 0" 18' - 0"25' - 0"18' - 0" 2' - 0" 13' - 0" 110' - 7 9/16" 203'-05/32" FI R E D E P T . AC C E S S G A T E 30' - 8"40' - 0" 29 3 ' - 6 " 39' - 8 5 /32" 10' - 0" 25' - 0 " 23' - 0" 18' - 0" 2' -0 " 24' - 1 1 7/ 8" 20' - 0 " 20' - 0 " 25' - 0 " 20' - 0 " 20' - 0 " 25' - 0 " SC E TR A N S F O R M E R 26' - 8 27/32" BE L G A R D M O D U L I N E S E R I E S PL A N K P A V E R - C H A R C O A L , T Y P . (E ) 4' - 9 " C M U W A L L (E ) 5' - 8 " C O N C R E T E W A L L (E ) 5' - 8 " C M U W A L L (E ) 5' - 4 " C M U W A L L (E ) 5' - 7 " C M U W A L L 25 ' - 0 " 25 ' - 0 " 25'-0" 67' - 0"22' - 6" NO T E : A L L E X I S T I N G W A L L S A B U T T I N G RE S I D E N T I A L P R O P E R T I E S T O B E EX T E N D E D T O 7 ' - 0 " . F I N A L D E S I G N T B D . Sc a l e Da t e Dr a w n B y Ch e c k e d B y Pr o j e c t N u m b e r 16 6 W E S T P O M O N A A V E . MO N R O V I A , C A 9 1 0 1 6 62 6 - 7 8 9 - 6 1 6 4 / 6 2 6 - 7 8 9 - 6 7 3 6 f a x TH I S D E S I G N A N D D R A W I N G I S T H E P R O P E R T Y OF Y U N G A R C H I T E C T S . I T I S S U B M I T T E D A S A R E S T R I C T I V E A N D C O N F I D E N T I A L DI S C L O S U R E T H A T M A Y N O T B E U S E D O R RE P R O D U C E D W I T H O U T T H E W R I T T E N CO N S E N T O F Y U N G A R C H I T E C T S . 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L . 12 / 1 7 / 1 4 CU P S u b m i t t a l 12 / 2 6 / 1 4 XX X 01 / 2 3 / 1 5 X D. T . pr o j e c t i n f o PA N E T F I T N E S S 95 1 5 L a k e w o o d B l v d . Do w n e y , C A 9 0 2 4 0 PA N E T F I T N E S S Agenda Page 14