HomeMy WebLinkAboutPC Resolution 16-2978RESOLUTION NO. 16 -2978
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE
PERMIT (PLN -15- 00236), THEREBY ALLOWING THE CONSTRUCTION OF A
5,061 SQUARE FOOT VALVOLINE INSTANT OIL CHANGE, FOR
AUTOMOBILE REPAIR, LOCATED AT 7737 FIRESTONE BLVD, ZONED C -2
(GENERAL COMMERCIAL)
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 December 2, 2015, the applicant submitted a request for the Site Plan Review and
Conditional Use Permit to allow the construction of a new Valvoline Instant Oil Change
(automobile repair use) at 7737 Firestone Blvd. Due to missing information on the
project plans, staff deemed the application incomplete; and,
B. On March 21, 2016, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on March
22, 2016; and,
C. On April 6, 2016, notice of the pending application was 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 April 20, 2016, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed 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 15332 (In -fill Development).
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:
1. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the Council.
The site plan, building design, and landscaping for the proposed use and structure are
consistent with the goals and policies of the General Plan to put property appearance at
the forefront of new development in the City of Downey. The proposed building is
residential in design but commercial in its use. This area encompasses both commercial
and residential uses and is consistent with General Plan Policy 1.1.1, which encourages
maintaining a balance of land uses. The proposed site plan is also consistent with the
General Plan's objective to reduce the impacts on traffic circulation from a lack of
parking. The proposed site is providing more parking spaces than is required by the
Municipal Code. As such, the proposed site plan is consistent with the goals and policies
embodied in the General Plan.
Resolution No. 16 -2978
Downey Planning Commission
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
According to the City of Downey's Municipal Code, the C -2 (General Commercial) Zone
is intended to provide for and encourage the orderly development of general commercial
uses, with a wide variety of goods and services for the residents of the entire City, with
provisions designed to ensure that such commerce will be efficient, functionally related,
and compatible with adjacent noncommercial development. The proposed site plan and
development are consistent with this objective in that the use is automobile repair. This
will serve a large number of residents in the surrounding area as well as throughout the
City since this will be the first Valvoline Instant Oil Change in the City. According to the
applicant, the business provides services in approximately 15 minutes. This speediness
in delivering services will assure that the greatest amount of residents can be served,
making this development a valuable addition to this area.
3. That 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 this new development will integrate harmoniously with this area.
The pitched roof and earth -tone colors are similar to typical residential architecture,
making this structure compatible with the existing residential construction abutting the
project site. The landscaping and trees around the perimeter of the parking lot create a
smooth visual transition from the street and creates a buffer between the proposed
development and the adjacent uses. This is a substantial upgrade to the existing
condition of the lot, which is currently vacant. The project will enhance the streetscape.
4. That the site plan and locations 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 building is located in the middle of the lot, closest to the western property line and
located conveniently between the two existing driveways on the lot to promote efficient
automobile circulation onto the site. The proposed landscaping around the perimeter of
the parking lot helps achieve an orchard parking lot landscaping, as required pursuant to
Code Section 9520.04(e)(2). The proposed photometric plan illustrates the site's
compliance with City regulations regarding lighting on the site for safety and security in
that the proposed lighting sufficiently illuminates the site while containing the light on the
site.
5. That 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 development is unique for its use because typical automobile repair
facilities, including Valvoline Instant Oil Change, utilize buildings that include a flat roof
and often do not include any distinguishing architectural features. The proposed
development will break away from the typical design associated with automobile repair
services and will improve the area by introducing a unique design that is more
compatible with the residential construction adjacent to the project site.
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Resolution No. 16 -2978
Downey Planning Commission
6. That the site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed development will upgrade the existing property because the project site is
currently a vacant site surrounded by a construction fence. This development will
promote the betterment of the public health, safety, comfort, and welfare of the
surrounding area because the lot will no longer be vacant and will provide a service that
has the potential to benefit many residents in the area, as well as in the greater area of
the City of Downey. Furthermore, the site is designed to reduce the potential for graffiti
since are currently no perimeter walls surrounding the site and the proposed hedge
along the north property line will be plant materials.
7. That the proposed development's site plan and its design features will include
graffiti- resistant features and materials in accordance with the requirements of
Section 4960 of Chapter 10 of Article IV of the City of Downey Municipal Code.
The proposed development will use graffiti- resistant materials and will be painted with
graffiti- resistant paint. Furthermore, in compliance with Code Section 4960, the owner
has consented to immediately remove any graffiti placed on the property. An additional
deterrent for graffiti is the proposed six -foot tall hedge along the north property of the
wall.
SECTION 4. 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. That the requested Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The site plan, building design, and landscaping for the proposed use and structure are
consistent with the goals and policies of the General Plan to put property appearance at
the forefront of new development in the City of Downey. The proposed building is
residential in design but commercial in its use. This area encompasses both commercial
and residential uses and is consistent with General Plan Policy 1.1.1, which encourages
maintaining a balance of land uses. The proposed site plan is also consistent with the
General Plan's objective to reduce the impacts on traffic circulation from a lack of
parking. The proposed plan provides more parking spaces than is required by the
Municipal Code. As such, the proposed site plan is consistent with the goals and policies
embodied in the General Plan.
2. That the request 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 automobile repair will not adversely affect the adjoining land uses or the
growth and development of the area because the subject property is currently zoned C -2
(General Commercial) with a General Plan land use designation of GC (General
Commercial). The surrounding neighborhood consists of various commercial uses. A
McDonald's restaurant and an Albertson's grocery store are located to the south of the
subject property. Mr. Pete's Patio restaurant is located to the east of the project site in a
shopping plaza along with businesses such as O'Reilly Auto Parts, H &R Block, and a
beauty salon. The shopping plaza located to the southeast of Rives Ave and Firestone
Blvd includes a Stater Brothers grocery store, Papa John's Pizza, Allstate Insurance,
and a nail salon. The properties north of the site are zoned R -1 -5,000 and are
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Resolution No. 16 -2978
Downey Planning Commission
constructed with single - family residences. The properties to the northeast of the project
site are zoned R -3 and are developed with multiple - family residences. Directly adjacent
to and west of the project site is Kal Motors, a used car dealership. Directly to the west
of Kal Motors is another automotive repair shop. This project meets all of the
development standards within the C -2 zone and is consistent with the commercial uses
surrounding the property.
3. That 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 size of the proposed development of the site allows a design that has the least
amount of visual impact upon the adjoining uses and the least amount of impact on
automobile circulation on and off the site. Staff believes, the design of the building is
compatible with the surrounding commercial and residential uses and is placed on the lot
so that there is a smooth visual transition from the street to the use on the lot.
Furthermore, this design meets the development standards of the municipal and meets
the intent of the General Plan.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
According to the applicant, the proposed use will service approximately 45 cars in one
day. The operations of the use are such that oil changes are performed in approximately
15 minutes, thus promoting efficient automobile circulation. In addition, the applicant is
providing more than the required parking spaces for this use. These things, in
conjunction with the two driveways and the amount of space surrounding the building,
the amount of traffic generated by this use will not impose an undue burden upon the
streets and highways in the area. It is important to note that the proposed project was
reviewed by the City's traffic engineer who determined that this project will not impact
traffic on the streets.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this resolution,
the Planning Commission of the City of Downey hereby approves the Site Plan Review and
Conditional Use Permit (PLN- 15- 00236), 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.
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Resolution No. 16 -2978
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of April, 2016.
r
Ji , odriguez, Vice hairman
Katy Planning Commission
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 20th day of April,
2016, by the following vote, to wit:
AYES:
COMMISSIONERS:
Rodriguez, Lujan and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Flores and Morales
ABSTAIN:
R"" COMMISSIONERS:
None
Mary Cav nagh, Secretary
City Planning Commission
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Resolution No. 16 -2978
Downey Planning Commission
SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN -15- 00236)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review and Conditional Use Permit (PLN -15- 00236)
allows, specifically, for the construction of a new Valvoline Instant Oil Change that has a
floor area of 5,061- square -feet with a lot coverage of 2,531- square -feet on a lot that
measures 21,646- square -feet. The building shall contain four (4) service bay stations, a
waiting room, an office on the main floor and a tank room, locker area, and changing
room for the employees on the lower floor. The building shall be situated in the center of
the lot with a setback of 36 -feet along Firestone Blvd, a 56 -foot 6 -inch setback along
Rivas Ave, and a 56 -foot setback along the alley that abuts the existing single - family
residences.
2) Approval of this Site Plan Review and Conditional Use Permit (PLN -15- 00236) shall not
be construed to mean any waiver of applicable and appropriate zoning regulations, or
any Federal, State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Downey Municipal Code shall apply.
3) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) 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.
6) All exterior lights 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.
7) For security purposes, lighting shall be placed in such a way as to illuminate the area
surrounding the trash enclosure. This lighting shall be un- switched and photo- sensor
controlled.
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Resolution No. 16 -2978
Downey Planning Commission
8) The approved architectural style, finish material, and colors shall be 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. At his /her discretion, the City Planner may refer
changes to the facades and /or colors to the Planning Commission for consideration.
9) All roof mounted equipment shall be screened from view as seen from adjoining
properties and the public right -of -way.
10) All signage shall require the approval of a sign permit and shall comply with the
municipal code.
11) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
12) Any graffiti applied to the site shall be removed within 48 hours.
13) The development standards for the site shall be as follows:
Standard
Re uirement
Pro osed
Floor Area Ratio
1.4
0.23
Lot Coverage
50%
12%
Building Height
45 ft. / 3 stories
28.09 ft. / 1 story
Minimum Required
2, 165 sq. ft.
7, 340 sq. ft.
Landscaping for Parkin Area
10% of site)_
Setbacks:
Front
15'
36'
Rear (abutting a residential
46'
55'
zone)
Side (abutting Rives Ave)
5'
56' -5"
Interior Side
NR
14' -3"
Parking
12
15
(3 per bay)
(including one ADA
accessible space)
14) 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.
15) Prior to the final of building permits, all landscaping and irrigation shall be installed. The
type, size and number of landscaping shall be as noted on the approved landscape plan.
All landscape shall be installed and permanently maintained. Irrigation of the landscape
areas shall be with recycled water only.
16) All above grade back -flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right -of -way.
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Resolution No. 16 -2978
Downey Planning Commission
17) Prior to the final of building permits, the applicant shall provide stamped, colored
concrete or pavers across the driveways. The stamped, colored concrete or pavers
shall be as approved by the City Planner.
18) The disposal of all hazardous materials shall comply with federal, state, local, and
industry standards.
19) Parking lot landscaping shall provide a minimum of one (1) landscape island between
every ten (10) parking spaces with irrigated understory and curbs. The islands shall have
a minimum width of five (5) feet exclusive of curbs. Two (2) feet at the end of landscape
islands shall be left unplanted when adjacent to drive aisles and driveways to prevent
plant materials from being run over by vehicles. The use of cobbled, patterned concrete
or brick pavers shall generally be installed in these end areas.
20) A minimum ten (10) foot wide landscape strip shall be provided along the property line
which is adjacent to the residential zone. This landscape area shall be maintained with
trees or shrubs not less than six (6) feet in height at the time of planting, and not less
than fifteen (15) feet in height at maturity. In all other areas, a minimum five (5) foot wide
landscape strip is required.
21) Redesign the solid waste enclosure to comply with Code Section 9528.04(a)(4) wherein
it states that each solid waste enclosure should be designed to allow walk -in pedestrian
access without having to open the main enclosure gate.
22) The hours of operation for this use shall be Monday through Sunday from 7:00 A.M. to
7:00 P.M.
23) In order to comply with noise regulations, the applicant shall be prohibited from installing
and utilizing an outdoor paging system; shall not have amplified music; shall install
signage in the parking area to advise patrons to be courteous and not make excess
noise so as to not disturb the residents north of the site.
BUILDING
24) 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.
25) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
FIRE DEPARTMENT
26) Electronic reporting of Hazardous Materials to State -wide reporting system (CERS) for
chemical handled at or above reportable limits of 55- gallons of liquid, 500 pounds of
solid, and 200 cubic feet of gas [CA HSC 25505(a)(C); 25508(a)(1)]
27) Installation of approved Fire Department access — Knox Box [CA Fire Code 506]
28) Installation of approved Fire Department premises (address) identification (if not already
in place and meeting current code) [CA Fire Code 505]
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Resolution No. 16 -2978
Downey Planning Commission
29) All new buildings to be constructed for any occupancy use shall be protected by an
approved Automatic Fire Extinguishing System throughout, installed in accordance with
nationally recognized standards, when the total floor area of such building exceeds three
thousand six hundred (3,600) square feet. This provision shall also apply when said
building(s) have been vacated for one year or more ". DMC Section 3319 AND: All
sprinklered buildings must be protected with an approved fire alarm system. Sprinklered
and non - sprinklered buildings required to have an approved fire alarm system must
provide for the alerting of ALL occupants of the building; visible devices must be
provided at each audible device in areas as determined by the Chief. A Total Smoke
detection shall be installed below all finished ceilings and in accordance with recognized
standards and manufacturers specifications.
30) No exterior storage of hazardous materials.
31) Provide a spill plan (SPCC) in accordance with 2013 CFC Chapter 50.
32) Metal waste cans with lids shall be provided for used shop rags containing residual
flammable liquid materials.
33) Hazard identification signs shall be installed as per 2013 CFC Section 5003.5
34) Provide a chemical inventory at time of plan check for Fire Department review.
Additional code requirements may be needed after review of chemical inventory. (2013
CFC 5001.5.2)
PUBLIC WORKS
35) The applicant shall apply an anti - graffiti material of a type and nature that is acceptable
to the Director of Public Works to each surface viewable by the public on the
improvements to be constructed on the site deemed by the Director of Public Works to
be likely to attract graffiti.
36) The owner /applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and /or Division 2 of the Government
Code of the State of California.
37) The owner /applicant shall provide trash enclosure.
38) Complete a construction & demolition (C &D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
39) Proposed public improvements shall comply with the latest edition of Standard Plans
and Specifications for Public Works Construction and City of Downey standards.
40) Obtain permits form Public Works Department for all public improvements within the
public right of way.
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Resolution No. 16 -2978
Downey Planning Commission
41) 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 Public Works Inspector at (562) 904 -7110 to identify construction
areas to be removed and replaced.
42) Submit public improvement plans for review and approval by Public Works Department
which include offsite improvements and water utility plans (fire connection and potable
water service).
43) 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. 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 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.
44) All unused driveways shall be removed and constructed with full- height curb gutter, and
sidewalk.
45) Construct onsite pavement, consisting of a minimum section of 4" thick aggregate base,
and a minimum 2 -1/2" thick asphalt concrete pavement.
46) 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).
47) Remove all construction graffiti created as part of this project within the public- right -of-
way in a timely manner.
48) The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box.
49) The owner /applicant shall furnish and install backflow device in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
50) 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.
51) The owner /applicant shall furnish and install a fire hydrant and dedicated fire protection
lateral including backflow devices, fire department connections and other appurtenances
as required by the Department of Public Works and the Downey Fire Department. Such
improvements may include removal and /or replacement of existing fire hydrants, laterals,
backflow devices, and associated facilities with new facilities to current Downey
standards and materials. Backflow devices, fire department connections, and
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Resolution No. 16 -2978
Downey Planning Commission
associated appurtenances are to be located on private property and shall be readily
accessible for emergency and inspection purposes. Backflow devices shall be screened
from street view by providing sufficient landscaping to hide it.
52) 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.
53) The owner /applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the
Department of Public Works.
54) The owner /applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County ( CSDLAC). Existing sewer main running at
the rear of the property shall be abandoned properly.
55) The owner /applicant shall furnish and install the public sanitary sewer improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
56) The owner /applicant is responsible for coordinating with Building & Safety permit fees
and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity
charges.
57) The owner /applicant shall obtain all necessary plan approvals and permits.
58) The owner /applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD — latest edition) files in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California. Final approval of new utilities shall be
dependent upon submittal and approval of record drawing mylars and scanned,
uncompressed TIFF images of record drawings on a CD /DVD -ROM media per City's
GIS Requirements.
59) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit. Submit plans to Building & Safety and
Planning Divisions regarding the following:
a) The use of drought tolerant plants
b) Drip irrigation
c) Latest Green Code standards for water fixtures, etc.
(End of Conditions)
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