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HomeMy WebLinkAboutPC Resolution 17-3013RESOLUTION NO. 17-3013 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: 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 Resolution No. 17-3013 Downey Planning Commission 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. 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 2 Resolution No. 17-3013 Downey Planning Commission 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,17. 4tias Flores, Chairman ity 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 1" day of February, 2017, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Owens, Dominguez and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Rodriguez Mary Cavanagh, Secreta City Planning Commission 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 3 Resolution No. 17-3013 Downey Planning Commission 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 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 4 Resolution No. 17-3013 Downey Planning Commission 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 approve 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 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. 18) Applicant shall install radial curbs for both ingress and egress. 19) Lighting in the parking area shall remain at 1.0 foot-candle during hours of operation and 0.5 foot-candles during non -hours of operation. 20) Applicant shall install reflective mirrors along the entrance and exit of the covered parking area. BUILDING 21) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 22) 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 23) 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 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 5 Resolution No. 17-3013 Downey Planning Commission 24) All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. 25) An automatic fire sprinkler system shall be installed. All fire protection systems require City of Downey Building and Safety or Fire Department permits. 26) 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. 27) 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. 28) The elevator shall be EMS accessible. 29) 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 30) 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. 31) All on-site public utilities shall be installed underground. 32) Complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 33) Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction and City of Downey standards. 34) Obtain permits form Public Works Department for all public improvements within the public right of way. 35) Remove and replace damaged, uneven or sub -standard curb, gutter, sidewalk, driveway, disabled ramps, and pavement to the satisfaction of the Public Works 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 6 Resolution No. 17-3013 Downey Planning Commission Department. Contact Public Works Inspector at (562) 904-7110 to identify construction areas to be removed and replaced. 36) Submit public improvement plan(s) for review and approval by Public Works Department. 37) 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. 38) All unused driveways shall be removed and constructed with full -height curb gutter, and sidewalk. 39) Construct onsite pavement, consisting of a minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt concrete pavement. 40) 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). 41) Remove all construction graffiti created as part of this project within the public -right-of- way in a timely manner. 42) 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. 43) 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. 44) 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. 45) The owner/applicant shall grant easements in the name of the City shall include: 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 7 Resolution No. 17-3013 Downey Planning Commission a) Vehicular easements b) Walkway easements C) Drainage easements d) Utility easements 46) The owner/applicant shall furnish and install a new (min. 1 -inch) dedicated potable water service line, meter, and meter box for each unit. 47) 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. 48) The owner/applicant shall furnish and install a new (min. 1 -inch) dedicated potable water service line, meter, and meter box for each unit. 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 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. 51) 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. 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). 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 8 Resolution No. 17-3013 Downey Planning Commission 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. 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 9