HomeMy WebLinkAbout1. PLN-16-00295Agenda Page 1
9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 2
9041 IMPERIAL HIGHWAY, ZONED C-2 (GENERAL COMMERCIAL) AND P-B
(PARKING BUFFER).
BACKGROUND
The project site is located on the north side of Imperial Highway, to the east of Lakewood
Boulevard and to the west of Rose Avenue and has an area of 36,805 square feet. The current
zoning of the property is C-2 (General Commercial) for 211 feet of the southern portion of the lot
along Imperial Highway and P-B (Parking Buffer) for 66 feet along the rear lot line. The site has
a General Plan designation of GC (General Commercial). In 1979, a Conditional Use Permit
was obtained to develop the site with two, one-story commercial and office buildings, totaling
13,405 square feet, and 59 parking spaces. The surrounding uses include a commercial center
directly adjacent and to the east of the subject property, as well as residential uses to the north,
south, west, and northeast. The site is surrounded by a mix of multi-family developments, single
family neighborhoods, as well as a commercial development directly abutting the site to the
east. The zoning and land use designations for the surrounding properties are as follows:
General Plan, Zoning and Existing Land Use
General Plan Zoning Existing Use
Subject
Site
General Commercial C-2/P-B Commercial/ Office
North Medium Density
Residential
R-3 Apartments
South General Commercial C-2/P-B Hotel (Regency Inn & Suites)
East General Commercial C-2/P-B Commercial/Retail
West General Commercial C-2 Mobile Home Park
Project site as viewed from Imperial Highway
Agenda Page 2
9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 3
On December 7, 2016, the applicant submitted two entitlement requests (Zone Change and Site
Plan Review) to the Planning Division for the proposed rezoning of the property and the
construction of a two-story medical office building. In accordance with State law, Staff reviewed
the applications for completeness within 30 days. On December 21, 2016, Staff sent out an
incomplete letter to the applicant regarding additional comments and corrections that needed to
be addressed in order to deem the application complete. On January 11, 2017, the applicant
resubmitted plans for Staff review. Staff reviewed the revised plans and deemed the application
complete on January 18, 2017. In accordance with California State Law, the notice of the
pending public hearing was published in the Downey Patriot and mailed to all property owners
within 500’ of the subject site on January 19, 2017.
DISCUSSION
Zone Change
The project is presently zoned C-2 (General Commercial) and P-B (Parking Buffer), with a
General Plan Land Use designation of General Commercial (GC). The C-2 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. In 2008, the P-B zone was eliminated, however, in recognition of
this action, properties with the P-B zoning designation are rezoned when the Planning
Commission considers other discretionary actions on said properties. The proposed change of
zone will be consistent with the policies and land use designations of the General Plan.
The Zoning Maps below illustrate the existing and proposed zoning of the subject property and
the adjacent properties:
Existing Zoning Map
Agenda Page 3
9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 4
Proposed Zoning Map
Site Plan Review - Project Description
The applicant is proposing to construct a two-story, 11,797-square-foot medical office building.
The building will specifically be used as a dialysis treatment center. The ground floor of the
building will be a mix of covered parking and offices. The first floor of the proposed building is
2,688 square feet and includes an elevator and stairs leading to the second floor, a conference
room, restrooms, and storage and equipment rooms. The second floor of the building is 9,780
square feet and will be where patients go for dialysis treatment. This floor includes the waiting
room and several offices. The building is accessible through one, 28-foot wide driveway
complete with radius returns. This development will include both covered and uncovered
parking. The covered parking will be located adjacent to the first floor and will be covered by the
second floor. The remainder of the parking will be installed along the northern and eastern
property lines. The parking along the western property line is located to the rear of the proposed
trash enclosure, which is located to the rear of the building. A seven-foot tall wrought iron fence
will be placed alone the west, north, and easterly property lines to the north of the building.
The building is easily accessible by pedestrians and vehicular traffic in that there is an entrance
into the building from Imperial Highway. Additionally, there is an entrance into the first floor from
the covered parking area and from the rear of the building.
A review of the project development standards is as follows:
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9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 5
Standard Requirement Proposed
Lot Coverage 50% max 20%
Building Height 45 ft. / 3 stories 36 ft. / 2 stories
Floor Area Ratio 1.4 0.32
Landscape Area 10% of lot min. 23%
Setbacks:
Front
Rear
Side
Interior (West)
Interior (East)
15’
46’
0’
0’
21’
124’
5’
30’
Parking
(Medical Office)
1 per 200 square
feet of gross floor
area
Total: 59 spaces
59 spaces
As noted above, the proposed project meets the development standards for the C-2 Zone.
Architecture
Rendering of site from Imperial Highway
The proposed project features a Modern architectural design. The design includes various
elements and horizontal and vertical features, all helping to create a linear inspired design
common in Modern architecture.
The building façade will include varying wall planes as well as contrasting colors and materials.
The building was designed closer to the street line to attract pedestrian traffic along Imperial
Highway. Patients and employees will be able to enter the building from the front entrance along
Imperial Highway or from the parking areas. The building use a hardieplank lap siding painted
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Sherwin Williams “Extra White” along the second floor. Sherwin Williams “Naval” will be used
along the trim. “Smoky Blue” will be used to paint the majority of the second story. The first floor
will be painted “Earl Gray”. El Dorado Stone in Tundra Brick “Ashland” will be placed as a
wainscot along the skirt of the building. Anodized aluminum sunshades are place along the tops
of the windows to create dimension.
Landscape
The development will contain a total of 8,445 square feet of landscaping throughout the lot;
specifically, 6,244 square feet will be distributed throughout the parking area. These calculations
include the setbacks, planters, and the existing palm trees that are to remain. In accordance
with the City’s landscape regulations, the proposed project will need to provide a total of 19 on
site-trees of various sizes. There are currently five (5) mature Palm trees on site that will remain
and are included in the tree count. The applicant will be planting additional trees in the following
sizes:
Size Required Proposed Common Name
48” Box 10% (2) 2 Pink Dawn Chitalpa
36” Box 10% (2) 2 African Sumac
24” Box 15% (3) 3 Keith Davey Chinese Pistache
15 Gallon 60% (7) 7 Ketih Davey Chinese Pistache
African Sumac
Other 5% (1) 5 Palm (Existing)
Total 19 19
The City’s landscape regulation requires the use of drought tolerant landscape (minimum 75%
of total non-turf material used must be drought tolerant). The applicant is proposing to use a
water wise planting palate (low water usage) for the proposed landscaping, which includes:
Botanical Name Common Name Size
Callistemon Citrinus Lemon Bottlebrush 5 gallon
Dietes Vegets African Iris 5 gallon
Dodonaea viscosa ‘Purpurea’ Purple Leafed
Hopseed Bush
5 gallon
Feijoa Sellowiana Pineapple Guava 5 gallon
Grevillea x ‘Noelli’ Grevilea 5 gallon
Kniphofia uvaria Torchlily 5 gallon
Lantana camara ‘Radiation’ Radiation Lantana 5 gallon
Myrsine Africana ‘Scarlett Marglin’ Variegated African
Boxwood
5 gallon
Nandina domestic Heavenly Bamboo 5 gallon
Pennisetum setaceum ‘Eaton Canyon’ Eaton Canyon
Fountain Grass
5 gallon
Phornum tenax ‘Atropurpureum
Compactum’
Purple New Zealand
Flax
5 gallon
Phorum tenax ‘Bronze Baby’ Bronze Baby New
Zealand Flax
5 gallon
Rhamnus alaternus ‘Variegata’ Italian Buckhorn 5 gallon
Rhaphiolepis indica ‘Pink Lady’ Pink Lady Indian
Hawthorn
5 gallon
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9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 7
Botanical Name (cont.) Common Name Size
Rosamrinus officinalis ‘Tuscan Blue’ Tuscan Blue
Rosemary
5 gallon
Salvia leucantha Mexican Bush Sage 5 gallon
Xylosma congestum ‘Compacta’ Compact Xysloma 5 gallon
In addition to the trees, shrubs, and hedges found throughout the project site, a three-inch layer
of walk-on bark will be provided within all landscape planters. The landscaping along the rear
property line will not be less than six feet in height at the time of planting and no less than 15
feet at maturity. This will provide screening of the site for the abutting residential units.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee reviewed the project on December 15, 2016. The
Fire Department had concerns regarding the size of the elevator to ensure emergency access.
The Public Works department is requiring various sidewalk improvements. The Police
Department expressed concerns regarding safety of the site from the surrounding properties.
Conditions have been included to address both concerns.
ENVIRONMENTAL ANALYSIS
In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has
determined that the proposed development is categorical exempt, pursuant to Section 15332
(In-fill Development) of the CEQA Guidelines. 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 CEQA. The project is categorically exempted under this Section
because the property is consistent with the General Plan land use designation and complies
with the C-2 development standards. The project is also developed on a parcel of less than five
acres and is surrounded by urban uses. The project site is also not a known habitat for
endangered species or any other wildlife, as it is presently developed with a vacant parking lot.
In addition, the proposed project is not likely to result in causing any significant effect to the
existing traffic, noise, air quality, or water quality. The proposed development would also be
served by all required utilities and public services.
FINDINGS
Zone Change
1. That the zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this chapter
and is in the interest or furtherance of the public health, safety, and general
welfare.
The subject site has a General Plan Land Use Designation of General Commercial,
which is implemented with the C-2 zone. Although portions of the property are currently
zoned P-B, the P-B zoning has been phased out of the Zoning Code. This action would
bring the entire property into compliance with the General Plan Land Use Designation.
Furthermore, this action is in compliance with Program 1.3.2.3 of the General Plan,
which states, “Change the zoning of properties where inconsistent with the General Plan
Land Use Designation.”
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9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 8
2. That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area.
The zone change will rezone the entire property to be within the C-2 zone. This is
consistent with the other properties along Imperial Highway, which are also in the C-2
zone. Notwithstanding this, the C-2 zone requires a 46’ setback from all adjoining
residential properties. This additional setback provides protection to said residential
properties, thus making the C-2 zone compatible.
3. That the site is adequate in size to accommodate the uses permitted in the zone
requested and that all applicable property development standards can be
complied with.
The minimum size requirement for new parcels in the C-2 zone is 10,000 square feet in
size; however, the subject parcel comprises 36,805 square feet. Inasmuch as the
property exceeds is over three times the minimum required, it has sufficient size to allow
C-2 uses to be developed in a manner that will meet the development standards set
forth in the code.
4. That the site properly relates to streets and highways designed and fully improved
to carry the type and quantity of traffic that is expected to be generated in the area
and that utilities exist or are planned which will adequately serve the property as
rezoned.
The subject site is located on the north side and accessed via Imperial Highway, which
according to the General Plan is a major arterial. This portion of Imperial Highway
contains six travel lanes (three in each direction) and has been designed to
accommodate traffic generated from the various C-2 properties that front the street.
Eliminated the P-B zone on this site will not increase the anticipated traffic generated by
new uses since the majority of the parcel is already zoned C-2.
5. That the proposed zone change is in general conformance with the General Plan
and General Plan land use designation for the parcel.
As noted in the first finding, the subject site has a General Plan Land Use Designation of
General Commercial, which is implemented with the C-2 zone. Although portions of the
property are currently zoned P-B, the P-B zoning has been phased out of the Zoning
Code. This action would bring the entire property into compliance with the General Plan
Land Use Designation.
Site Plan Review
The Site Plan Review allows the Planning Commission to review the site layout, as well as the
architectural style of the buildings. In order to approve the Site Plan Review, the Planning
Commission must adopt the following seven findings:
A. 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 project site has a zoning designation of GC – General Commercial. According to the
General Plan, the General Commercial designation allows for a full range of commercial
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9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 9
uses including shopping centers, automobile dealerships, hotels, offices, and automobile
repair, and is meant to serve a larger area of the City. As such, the development of this
site with a medical office building meets the goals of the General Plan; specifically,
General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of
residents, visitors, and businesses.
B. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
Pursuant to Article IX, Section 9314.02, the intent and purpose of the Commercial Zone
regulations is to ensure that the appearance and effects of commercial buildings and
uses are harmonious with the character of the area in which they are located.
Specifically, the C-2 Zone is intended to provide for and encourage orderly development
of general commercial uses, with a 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 medical office building will be used as a dialysis treatment center. As such,
this will provide a service to the adjacent, noncommercial uses, for Downey residents
and visitors to Downey. As such, this development is in accordance with the purposes
and objectives of the C-2 Zone.
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 medical building is designed in such a way as to have a minimal visual
impact to the area. The building is two-stories in height, which is proportional to the
apartment building, located to the north of the site, and is also proportional to the motel
located south of Imperial Highway. The proposed building will bring modern
architecture, color, architectural articulation, and curb appeal to the site where there is
currently two, one-story buildings that match the shopping center to the east of the site.
The design of the building will enhance the character of neighboring vicinity and create a
harmonious blend between the adjacent sites.
D. The site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets.
The site design and overall integration of the landscaping, building orientation, and
driveway access was well-envisioned by the applicant. The relationship of the building to
the street creates a welcoming entrance into the building and is pedestrian friendly. The
location of the parking spaces throughout the development gives consideration to the
patients who will be using these facilities. With three entry points to the building, the site
has been designed to achieve the most functionality.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
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9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 10
The project will enhance the existing commercial and residential uses in the area. The
existing buildings on the site will be replaced with a new style of architecture for the area
that will break up the street elevation of Imperial Highway. The quality of materials,
design, and variation in colors will give a different look to the area without being out of
place.
F. The site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed development includes the development of a medical office building that
will replace several commercial tenants. The proposed building is significantly smaller in
size than the existing two buildings. The traffic generated from this use will be primarily
by patients and employees of this building. Therefore, there will be a less intensive use
on this lot than the existing commercial uses that exist. Additionally, the design of the
building will enhance the look of the streetscape through its unique architectural style.
G. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code.
Conditions of approval have been added to this project to comply with Section 4960 of
Chapter 10 of Article IV of the Municipal Code. This includes (1) the use of graffiti
resistant products in the construction of the building and (2) the removal of any graffiti
within 48 hours of application, which will be the responsibility of the applicant to
complete.
CORRESPONDENCE
As of the date that this report was printed, Staff has not received any correspondence regarding
this application.
CONCLUSION
The project contains proper site layout, avoids impacts to neighboring properties, and includes
an aesthetically pleasing architectural design. Based on the analysis provided in this staff
report, staff feels that all of the required findings can be made in a positive manner, therefore,
staff recommends that the Planning Commission approve Site Plan Review and Zone Change
Variance (PLN-16-00295), subject to the recommended conditions of approval.
EXHIBITS
A. Maps
B. Draft Planning Commission Resolution
C. Project Plans
Agenda Page 10
9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 11
Exhibit ‘A’ - Maps
Aerial Photograph
Agenda Page 11
9041 Imperial Highway – PLN-16-00295
February 1, 2017 - Page 12
Zoning Map
Agenda Page 12
RESOLUTION NO. 17-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVE A ZONE CHANGE (PLN-16-00295), THEREBY REZONING
PROPERTY LOCATED AT 9041 IMPERIAL HIGHWAY FROM C-2 (GENERAL
COMMERCIAL) AND P-B (PARKING BUFFER) TO 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 7, 2016, the applicant submitted a request for a Zone Change and Site
Plan Review to eliminate the P-B (Parking Buffer) zone on the subject site and to allow
the construction of a 11,797 square-foot medical office building. Due to missing
information on the project plans, staff deemed the application incomplete; and,
B. On January 11, 2017 the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
January 18, 2017; and,
C. On January 19, 2017, 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 February 1, 2017, 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 Zone Change, the Planning Commission further finds,
determines and declares that:
1. That the zone change is necessary and desirable for the development of the community
in harmony with the objectives of the General Plan and this chapter and is in the interest
or furtherance of the public health, safety, and general welfare. The subject site has a
General Plan Land Use Designation of General Commercial, which is implemented with
the C-2 zone. Although portions of the property are currently zoned P-B, the P-B zoning
has been phased out of the Zoning Code. This action would bring the entire property
into compliance with the General Plan Land Use Designation. Furthermore, this action
is in compliance with Program 1.3.2.3 of the General Plan, which states, “Change the
zoning of properties where inconsistent with the General Plan Land Use Designation.”
2. That the zone change will be compatible and complementary to existing conditions and
adjoining property in the surrounding area. The zone change will rezone the entire
Agenda Page 13
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 2
property to be within the C-2 zone. This is consistent with the other properties along
Imperial Highway, which are also in the C-2 zone. Notwithstanding this, the C-2 zone
requires a 46’ setback from all adjoining residential properties. This additional setback
provides protection to said residential properties, thus making the C-2 zone compatible.
3. That the site is adequate in size to accommodate the uses permitted in the zone
requested and that all applicable property development standards can be complied with.
The minimum size requirement for new parcels in the C-2 zone is 10,000 square feet in
size; however, the subject parcel comprises 36,805 square feet. Inasmuch as the
property exceeds is over three times the minimum required, it has sufficient size to allow
C-2 uses to be developed in a manner that will meet the development standards set
forth in the code.
4. That the site properly relates to streets and highways designed and fully improved to
carry the type and quantity of traffic that is expected to be generated in the area and that
utilities exist or are planned which will adequately serve the property as rezoned. The
subject site is located on the north side and accessed via Imperial Highway, which
according to the General Plan is a major arterial. This portion of Imperial Highway
contains six travel lanes (three in each direction) and has been designed to
accommodate traffic generated from the various C-2 properties that front the street.
Eliminated the P-B zone on this site will not increase the anticipated traffic generated by
new uses since the majority of the parcel is already zoned C-2.
5. That the proposed zone change is in general conformance with the General Plan and
General Plan land use designation for the parcel. As noted in the first finding, the
subject site has a General Plan Land Use Designation of General Commercial, which is
implemented with the C-2 zone. Although portions of the property are currently zoned P-
B, the P-B zoning has been phased out of the Zoning Code. This action would bring the
entire property into compliance with the General Plan Land Use Designation.
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 recommends that the City Council of the
City of Downey rezone the subject site from C-2 (General Commercial) and P-B (Parking Buffer)
to C-2 (General Commercial).
SECTION 5. The Secretary shall certify the adoption of this Resolution.
[signatures on next page]
Agenda Page 14
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 3
PASSED, APPROVED AND ADOPTED this 1st day of February, 2017.
Matias Flores, 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 February,
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 15
RESOLUTION NO. 17-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SITE PLAN REVIEW (PLN-16-00295), THEREBY
ALLOWING THE CONSTRUCTION OF A ONE, TWO-STORY, 11,797
SQUARE-FOOT MEDICAL OFFICE BUILDING ON PROPERTY LOCATED AT
9041 IMPERIAL HIGHWAY, 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. On December 7, 2016, the applicant submitted a request for a Zone Change and Site
Plan Review to eliminate the P-B (Parking Buffer) zone on the subject site and to allow
the construction of a 11,797 square-foot medical office building. Due to missing
information on the project plans, staff deemed the application incomplete; and,
B. On January 11, 2017 the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
January 18, 2017; and,
C. On January 19, 2017, 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 February 1, 2017, 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. 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 project site has a zoning
designation of GC – General Commercial. According to the General Plan, the General
Commercial designation allows for a full range of commercial uses including shopping
centers, automobile dealerships, hotels, offices, and automobile repair, and is meant to
serve a larger area of the City. As such, the development of this site with a medical
office building meets the goals of the General Plan; specifically General Plan Goal 1.1,
to provide sufficient land areas for uses that serve the needs of residents, visitors, and
businesses.
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. Pursuant to Article IX, Section 9314.02, the
Agenda Page 16
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 2
intent and purpose of the Commercial Zone regulations is to ensure that the appearance
and effects of commercial buildings and uses are harmonious with the character of the
area in which they are located. Specifically, the C-2 Zone is intended to provide for and
encourage orderly development of general commercial uses, with a 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 medical office building will be used as a
dialysis treatment center. As such, this will provide a service to the adjacent,
noncommercial uses, for Downey residents and visitors to Downey. As such, this
development is in accordance with the purposes and objectives of the C-2 Zone.
3. 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
medical building is designed in such a way as to have a minimal visual impact to the
area. The building is two-stories in height, which is proportional to the apartment
building, located to the north of the site, and is also proportional to the motel located
south of Imperial Highway. The proposed building will bring modern architecture, color,
architectural articulation, and curb appeal to the site where there is currently two, one-
story buildings that match the shopping center to the east of the site. The design of the
building will enhance the character of neighboring vicinity and create a harmonious
blend between the adjacent sites.
4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The site design and overall integration of the landscaping, building orientation, and
driveway access was well-envisioned by the applicant. The relationship of the building to
the street creates a welcoming entrance into the building and is pedestrian friendly. The
location of the parking spaces throughout the development gives consideration to the
patients who will be using these facilities. With three entry points, the site has been
designed to achieve the most functionality.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The project will enhance the existing commercial and residential uses. The existing
buildings on the site will be replaced with a new style of architecture for the area that will
break up the street elevation of Imperial Highway. The quality of materials, design, and
variation in colors will give a different look to the area without being out of place.
6. 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
includes the development of a medical office building that will replace several
commercial tenants. The proposed building is significantly smaller in size than the
existing two buildings. The traffic generated from this use will be primarily by patients
and employees of this building. Therefore, there will be a less intensive use on this lot
than the existing commercial uses that exist. Additionally, the design of the building will
enhance the look of the streetscape through its unique architectural style.
Agenda Page 17
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 3
7. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. Conditions of approval have been added to this
project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code.
This includes (1) the use of graffiti resistant products in the construction of the building
and (2) the removal of any graffiti within 48 hours of application, which will be the
responsibility of the applicant to complete.
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 Site Plan Review (PLN-16-
00295) subject to conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of February, 2017.
Matias Flores, 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 February,
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 18
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 4
SITE PLAN REVIEW (PLN-16-00295)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review (PLN-16-00295) allows for the construction of one,
two-story, 11,797 square-foot medical office building inclusive of all parking and
landscaping as shown in the plans dated January 11, 2017.
2) This Site Plan Review (PLN-16-00295) 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 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.
7) The approved architectural style 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.
8) 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.
9) Any graffiti applied to the site shall be removed within 48 hours.
10) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
Agenda Page 19
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 5
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) Drought tolerant landscaping shall be used in all landscape areas of the site. All
landscape shall be installed and permanently maintained as approved by the Planning
Commission.
12) The landscaping along the rear property line must be no less than six feet in height at
the time of planting and no less than 15 feet in height at the time of maturity.
13) All above grade back-flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right-of-way.
14) All project entries shall have an enhanced paving (pavers or stamped color concrete).
The City Planner shall review and approval final enhanced paving prior to installation.
15) All bollards on the site shall be decorative and match the architectural style of the
building. Final approval of the style shall require City Planner approval.
16) The driveway approach shall include radius returns.
17) Prior to the occupancy of the building, the applicant shall provide a seven (7) foot tall
wrought iron fence on the east, north, and west property lines on all portions of property
to the north (rear) of the building. The final design of the fence shall incorporate
requirements set forth in Condition No. 20 below. Prior to issuing building permits for the
fence. The applicant shall obtain approval from the City Planner on the design of said
fence.
BUILDING
18) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
19) 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 occupancy of the units.
POLICE
20) The wrought iron fence on the property lines on the north side of the building shall have
all pickets curved outward to prevent scaling of the fence.
FIRE
21) All construction shall comply with the most recent version of the California Fire Code, as
adopted by the City of Downey.
22) An automatic fire sprinkler system shall be installed. All fire protection systems require
City of Downey Building and Safety or Fire Department permits.
Agenda Page 20
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 6
23) Installation of approved fire extinguishing system in accordance with DMC Section 3319.
2013 CFC, and applicable NFPA standards. A separate plans and permit shall be
obtained for the residential fire sprinkler system.
24) Fire lanes shall be posted in accordance with the CFC and the California Vehicle Code
(C.V.C.), Section 22500.1 which requires: A sign, citing C.V.C. 22500.1, posted
immediately adjacent to, and visible form, the designated place clearly stating that the
place is a fire lane; Outlining or painting the place in red and, in contrasting color,
marking the place with the words “FIRE LANE” which are visible from the vehicle, OR by
a red curb or red paint on the edge of the roadway which is clearly marked by the words
“FIRE LANE”. The required width of a fire lane shall not be obstructed in any manner,
including stopping or parking of vehicles. Entrances to fire lanes which have been close
with gates or barriers, approved by the Fire Department shall not be obstructed. The
minimum Fire lane or Fire Access road requirements shall be no less than 20-feet
unobstructed.
25) The elevator shall be EMS accessible.
26) The applicant shall install a Knox® Rapid Entry System: key switch for gate entry. The
Knox® Box’s shall be mounted at a height not greater than 10-feet for protruding boxes
or six (6) feet for flush mounted boxes. All gated entrance (pedestrian/auto) shall be
provided with a “Knox® Access” system approved by the Fire Department.
PUBLIC WORKS
27) 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.
28) All on-site public utilities shall be installed underground.
29) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
30) Proposed public improvements shall comply with the latest edition of Standard Plans
and Specifications for Public Works Construction and City of Downey standards.
31) Obtain permits form Public Works Department for all public improvements within the
public right of way.
32) 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.
33) Submit public improvement plan(s) for review and approval by Public Works
Department.
Agenda Page 21
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 7
34) 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, the dimensions and location
of proposed dedications; the location, depth and dimensions of potable water, reclaimed
water and sanitary sewer lines; chemical and hazardous material storage, if any,
including containment provisions; and the type of existing use, including the gross
square footage of the building, and its disposition.
35) All unused driveways shall be removed and constructed with full-height curb gutter, and
sidewalk.
36) Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base,
and a minimum 2-1/2” thick asphalt concrete pavement.
37) 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).
38) Remove all construction graffiti created as part of this project within the public-right-of-
way in a timely manner.
39) The owner/applicant shall install a sewer main and sewer lateral (to the front property
line) and shall provide that the design and improvements of sewers shall be to the
standards of the City Engineering Division. Septic systems are not acceptable.
40) The owner/applicant shall provide that each tenant space shall have its own water
service line and meter box. Individual meters for high-demand uses shall be installed
prior to those tenant spaces being occupied. New tenants or uses must obtain Public
Works review to determine if additional individual meters are required.
41) The owner/applicant shall provide and use reclaimed water for all landscape irrigation
and other non-potable water needs (if approved by LA County DHS and Downey) in
cases where a reclaimed water main is located in the vicinity of the project site.
42) The owner/applicant shall grant easements in the name of the City shall include:
a) Vehicular easements
b) Walkway easements
c) Drainage easements
d) Utility easements
Agenda Page 22
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 8
43) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable
water service line, meter, and meter box for each unit.
44) The owner/applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans
and Specification for Public Works Construction and as modified by the City of Downey’s
Standard Plans and Specifications.
45) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water
service line, meter, and meter box for each unit.
46) 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.
47) The owner/applicant shall furnish and install approximately 150 LF new 8-inch (ductile
iron pipe) potable water improvements and reconnect to existing 6-inch and abandon
existing 4-inch water main and provide 2-inch water service for mobile home park along
Imperial Highway frontage. Install new domestic and irrigation services with/RP.
48) The owner/applicant shall furnish and install fire hydrant and new 6-inch fire service and
double detector check assembly (DCDA) 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/retrofit of existing fire hydrants, laterals,
backflow devices, and associated facilities with new facilities to current Downey
standards and materials. Including extension and/or replacement of existing mains and
associated facilities, necessary to provide adequate fire flow and pressure to the site.
Backflow devices, fire department connections, and associated appurtenances are to be
located on private property and shall be readily accessible for emergency and inspection
purposes. Backflow devices shall be screened from street view by providing sufficient
landscaping to hide it.
49) 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.
50) 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.
51) 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).
52) 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.
Agenda Page 23
Resolution No. 17-
Downey Planning Commission
9041 Imperial Highway– PLN-16-00295
February 1, 2017 - Page 9
53) 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.
54) The owner/applicant shall obtain all necessary plan approvals and permits.
55) 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.
56) 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.
Agenda Page 24