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HomeMy WebLinkAboutPC Resolution 17-3017RESOLUTION NO. 17-3017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A LOT MERGER, SITE PLAN REVIEW, CONDITIONAL USE PERMIT (PLN -16-00175) TO ALLOW THE CONSTRUCTION AND OPERATION OF A 140 -ROOM HOTEL, AND A GENERAL PLAN CONSISTENCY FINDING, ON PROPERTY LOCATED AT 9066 FIRESTONE BOULEVARD, ZONED LAKEWOOD/FIRESTONE SPECIFIC PLAN (91-2) 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 June 27, 2016, the applicant submitted a request for a Lot Merger, Site Plan Review, and Conditional Use Permit to allow the construction of a four-story, 140 -room Marriot Springhill Suites hotel on the site. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On October 31, 2016 the applicant submitted the remaining necessary information for the Specific Plan Amendment application and the application was deemed complete; and, C. In accordance with the requirements of the California Environmental Quality Act, a notice of the intent to adopt the Mitigated Negative Declaration was posted at the Los Angeles County Recorder's Office on January 26, 2017; and, D On January 26, 2017, notice of the pending application published in the Downey Patriot and an 1/8th page ad and mailed to all property owners within 500' of the subject site; and, E. The Planning Commission held a duly noticed public hearing on February 15, 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 that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that unless mitigated the project could have a significant environmental impact. As such the Initial Study/Mitigated Negative Declaration was circulated for public review from January 26, 2017 to February 15, 2017. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission hereby recommends that the City Council of the City of Downey adopt a Mitigated Negative Declaration of Environmental Impacts. Mitigation measures have been included in the conditions of approval of this resolution. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, pursuant to Government Code Section 65402, the Planning Commission hereby finds that the sale of the city owned property is consistent with the General Plan. General Plan Policy No. 8.1.1 states, states "Promote architectural design of the highest quality". This approval will provide a well-designed hotel, that incorporates a Modern architectural style, a number of different finishes, colors, and materials, and will help improve the appearance of the commercial area. It is staff's opinion that the hotel will be complementary Resolution No. 17-3017 Downey Planning Commission to the other retail/commercial uses that are located in the vicinity of the project site. It is also a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of properties". Allowing the proposed project to be constructed will result in a well-designed, up -scale hotel that will eliminate a vacant lot, and improve the immediate site was well as upgrade the values of all of the surrounding properties. Based on these reasons, staff feels that the sale of the City owned property to accommodate a hotel is consistent with the General Plan. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Lot Merger, the Planning Commission further finds, determines and declares that: 1. The merged parcel will comply with Program 1.3.2.7 of the General Plan, which encourages the grouping of adjoining small or odd shaped parcels in order to create more viable developments. The newly -merged lot will total 124,146 square feet (2.85 acres), and development of the site will comply with the Lakewood/Firestone Specific Plan. Z Developing the merged parcel will not create any public health, safety or welfare hazards. The property is zoned Lakewood/Firestone Specific Plan and the intent and purpose of this zoning district is to accommodate a wide range of commercial developments. Merging the two parcels will result in a 124,146 square foot parcel; and a lot of this size will offer more development potential and site planning options than the unmerged lots can offer. The applicant filed the lot merger petition to enable the development of a 140 -room hotel. Developing the hotel will not result in hazards to public health, safety or welfare. 3. The merged parcel has adequate access and is served by all necessary utilities. The merged parcel maintains frontage on Firestone Boulevard. According to the approved development plan for the hotel, vehicles will access the project's onsite parking area from Lakewood Boulevard through a shared driveway, and this arrangement will be adequate. Similarly, all of the necessary utilities currently serve the unmerged parcels and merging the two will not alter utility service. 4. The merged parcel consists of two legally -created parcels that are owned in common. 5. Merging the parcel will not require any right-of-way or utility easement dedications. The site is already improved with shared access. SECTION 5. 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 project has a General Plan Land Use Designation of General Commercial. The intent of the land use designation is to provide commercial and service uses in the City that serve the broadest community and regional needs. This amendment will allow the construction of a hotel with ancillary alcohol sales. The proposed hotel will meet the intent of the land use designation by encouraging a land use that will generate jobs, and encourage the grouping of adjoining small or odd shaped parcels in order to create more viable developments. Furthermore, General Plan Policy 8. 1.1 states "Promote architectural design of the highest quality". This approval will provide a well-designed hotel, that incorporates a Modern architectural style, a number of different finishes, colors, and materials, and will help improve the appearance of the commercial area. It is staff's opinion that the hotel will be complementary to the other retail/commercial uses 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 2 Resolution No. 17-3017 Downey Planning Commission that are located in the vicinity of the project site. It is also a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of properties". Staff is also of the opinion the proposed improvements will not only upgrade the subject site by eliminating the unsightly overgrown vegetation, but will serve to upgrade and add value to all of the surrounding properties, by enhancing the streetscape. For these reasons, approval of this project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. 2. The proposed project is within the Lakewood/Firestone Specific Plan, which is the underlying zoning for the area. An objective of the specific plan is to permit and encourage land uses that would benefit from the study area's location near a regional shopping center. It is further intended to guide growth in the area in a manner that aesthetically enhances the streetscape, as well as to encourage assembly of parcels to facilitate development. The hotel will provide additional lodging opportunities in the area and can only serve as a benefit and encourage people to visit and shop in Downey. Furthermore, the proposed improvements will upgrade the subject site by eliminating the unsightly overgrown vegetation, and will serve to upgrade all of the surrounding properties by enhancing the streetscape and by developing a vacant lot. 3. The proposed architectural style is modern, which places an emphasis on the use of rectangular forms and utilizes horizontal and vertical lines. The site is currently vacant, with only a overgrown vegetation and large dirt mounds, as the site was previously used as a staging area for the City. The proposed modern architecture and development of the site as a hotel is a vast improvement over the existing vacant lot. Furthermore, the applicant is proposing to use a variety of landscaping that will give the site a pleasant visual appearance. The combination of the landscaping and the hotel's architectural style will serve to enhance the site and the surrounding area. Furthermore, the proposed architecture will integrate with the existing architecture of other buildings in the area. 4. Vehicular access to the site is from Firestone Boulevard, through a shared driveway entrance with the adjacent site (Dunkin Donuts). The design of the parking lot allows vehicles to progress through the site, with two-way traffic along the front portion of the lot, and one-way traffic around the hotel building (counter -clockwise). The parking lot has been designed to reduce the areas where vehicles traverse the parking lot without creating a hazard to pedestrians. The proposed hotel building will be located approximately 250 -feet from Firestone Boulevard, and 50 -feet from the 100 -foot wide railroad right-of-way to the south. The hotel will also be located 152 feet from the nearest residentially zoned and developed lots, south of the railroad right-of-way. It is not anticipated that the proposed height of the hotel (60 -feet) will negatively impact the surrounding commercial properties, or the residential properties located south of the railroad right-of-way. 5. In the City of Downey, there are a number of architectural styles used throughout the commercial areas. The proposed architectural style is modern, which places an emphasis on the use of rectangular forms and utilizes horizontal and vertical lines. Additionally, the applicant has proposed an extensive landscape palette that will further enhance the project's appearance. The proposed hotel blends nicely with other architectural styles and the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area. This project will upgrade the overall appearance of the site and, in turn, improve the community appearance. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 3 Resolution No. 17-3017 Downey Planning Commission 6. The site is currently vacant, and a portion of the lot is surrounded by chain link fencing. The rear portion of the subject site contains overgrown vegetation and mounds of dirt and debris, as it was most recently used as a staging area for the City of Downey. The project improvement can only serve to upgrade the property appearance since it will eliminate the vacant lot, which is an eyesore and a negative impact on the adjoining residents. This project will result in an aesthetically pleasing streetscape (in lieu of the vacant lot) by creating a well-designed building with a complementary landscape palette. The hotel development will promote the public health, safety, and welfare of those who work or reside in the area by removing the existing vacant lot with overgrown vegetation. 7. As part of this project, staff is recommending several conditions of approval, which include the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, staff has recommended an additional condition of approval that the applicant have it removed within 48 hours of application. With these conditions, the design features included will be in accordance with Section 4960 of the Municipal Code. SECTION 6. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The proposed conditional use permit for a hotel with ancillary sales of alcohol is permitted, pending approval of the Specific Plan Amendment conditionally permitting hotels with ancillary sales of alcohol, is consistent with the goals, objectives and policies of the Lakewood/Firestone Specific Plan and the City of Downey General Plan. An objective of the specific plan is to provide a balance of land uses, and provided sufficient lands areas for uses that serve the needs of the residents, visitors, and business. The specific plan is further intended to guide the growth in the area in a manner that aesthetically enhances the streetscape. Additional upscale lodging opportunities in the area can only serve as a benefit and encourage people to visit and shop Downey. Operational, construction, and alcohol specific conditions have been added to mitigate any potential adverse impacts on the public convenience or general welfare of persons residing or working in the surrounding neighborhoods. Z The proposed hotel will include conditions of approval that will eliminate any negative impacts on surrounding properties. The hotel development will include a seven -foot high masonry block wall along the rear property line of the site to reduce any possible noise impacts the project may have on the residential neighborhood located on Margaret Street across the railroad right-of-way. The hotel complies with the amended development standards required of sites within the Specific Plan, and specifically with Subarea 5A, Site 17, which are meant to limit any adverse effects on adjoining land uses, and to promote growth or development adjoining land uses by serving as a development catalyst for the area. 3. The subject site is adequate in size and shape to adequately allow full development of the proposed hotel. The requested lot merger will provided additional area for landscaping and parking. The proposed specific plan amendments regarding the increased height, new hotel parking standards, reduced street landscaping requirement will allow full development, maintain smooth traffic flow between properties, while simultaneously developing a vacant site, which presently includes unsightly, overgrown vegetation, and a number of dirt and debris mounds from previous staging activities on the site. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 4 Resolution No. 17-3017 Downey Planning Commission 4. According to the traffic study prepared for the project, the baseline traffic growth with the anticipated traffic generated by the project creates a negative impact on the intersection of Lakewood Blvd. and Firestone Blvd. It is anticipated that the Level of Service (LOS) at this intersection (with baseline and project) will drop from a LOS D to a LOS E in 2019. However, in order to reduce the impact and maintain a LOS D, the applicant is required to contribute its fair share (estimated at 13.33%) toward the improvement of the intersection of Lakewood Boulevard and Firestone Boulevard. The identified improvement is to add second left -turn lanes on northbound and southbound approaches on Lakewood Boulevard. SECTION 7. Based upon the findings set forth in Sections 1 through 6 of this resolution, the Planning Commission of the City of Downey hereby find that the disposal of City owned property is consistent with the General Plan, and approves the Lot Merger, Site Plan Review, Conditional Use Permit (PLN -16-00175), subject to the 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 8. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of February, 2017. .y. m Rodriguez, 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 15th day of February, 2017, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Rodriguez, Owens, None None None Mary C vanagh, Secret City Planning Commission Flores, Dominguez and Duarte 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 5 Resolution No. 17-3017 Downey Planning Commission LOT MERGER, SITE PLAN REVIEW, CONDITIONAL USE PERMIT (PLN -16-00175) EXHIBIT A - CONDITIONS PLANNING The approval of the Lot Merger, Site Plan Review, and Conditional Use Permit (PLN -16- 00175) allows for the merger of two lots into one lot, and construction of a four-story, 140 -room, 88,550 square foot hotel inclusive of all parking and landscaping as shown in the plans dated February 2, 2017. 2. This Site Plan Review (PLN -16-00175) 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. The site shall maintain a minimum four (4) foot candles across the entire site. 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. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 6 Resolution No. 17-3017 Downey Planning Commission 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 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. All above grade back-flow preventers, check valves, and transformers shall be painted green and screened from view from the public right-of-way. 13. 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. 14. All bollards on the site shall be decorative and match the architectural style of the building. The City Planner shall review and approve the final bollard design prior to installation. 15. Bike racks or bike lockers shall be installed on the subject site, and shall not block any required pedestrian or vehicular paths of travel. 16. The Firestone Boulevard driveway approach shall be modified to have radius returns. 17. The applicant shall record the Notice of Merger within thirty (30) days of the conclusion of hearing this matter. The Notice of Merger shall contain the name of the recorded owner, exhibits and legal descriptions of the existing unmerged parcels and newly - merged parcel. 18. The applicant shall construct a seven -foot high masonry wall along the south property line. The City Planner shall review and approve all wall/fencing design prior to installation. 19. The trash enclosure design shall incorporate some of the colors and finishes proposed on the hotel building. The City Planner shall review and approve the final trash enclosure design prior to installation. 20. Live entertainment shall be limited to the conference/banquet room solely in conjunction with the rental of the banquet/conference room during private special events, and will not be used for weekly night club purposes. 21. The permitted alcohol service for the bar lounge area areas shall be from 11:00 AM to 1:30 AM. Complete closure of the restaurant and all employees exiting of the restaurant must occur within one hour after closing hours. No "after hours" operations shall be permitted. 22. Payment for alcohol shall be made after the conclusion of the service. 23. The bar(s) shall be operated by the hotel operator. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 7 Resolution No. 17-3017 Downey Planning Commission 24. All doors except for main entrance doors shall have hotel key card access only between the hours of 10:00 p.m. and 5:00 a.m. 25. The front desk shall be staffed twenty-four hours a day. 26. Rooms shall be booked for a minimum one night, overnight stay with the ability of extended multi -night stays. 27. The bar/hotel shall not organize or participate in organized "pub-crawl" events where participants or customers pre -purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant. 28. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00 pm to 7:00 am daily. Trash containers shall be secured with locks. 29. The applicant shall remove the two (2) end parking spaces along Firestone Boulevard and replace with landscaping and an additional palm tree shall be provided within the planters. 30. All trees along the central walkway and the planter along Firestone Boulevard shall be up -lit. 31. The applicant shall comply with all mitigation measures, as established by the Mitigated Negative Declaration, shall be complied with at all times. This shall include: MM -CR -1: A Qualified Archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, shall be present for all initial ground disturbing activities associated with the proposed project. This archaeological monitor shall be responsible for the identification of cultural resources that may be impacted by project activities. The monitor may stop ground -disturbing activities in order to assess any discoveries in the field. Archaeological monitoring may be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits. The Qualified Archaeologist shall be responsible for determining the duration and frequency of monitoring. MM -CR -2: In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the proposed project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the find and determine whether additional study is warranted. Depending upon the significance of the find under the California Environmental Quality Act (CEQA) (14 CCR 15064.5(f); California Public Resources Code Section 21082), the archaeologist may exhaust the data potential of the find through the process of field -level recordation and allow work to continue. If the discovery proves significant under CEQA, additional work such as preparation of an archaeological treatment plan, testing, or data recovery may be warranted. MM -CR -3: A qualified Native American monitor shall be present for all initial ground - disturbing activities associated with the project. The Native American monitor shall 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 8 Resolution No. 17-3017 Downey Planning Commission be responsible for the identification of tribal cultural resources that may be impacted by project activities. The Native American monitor may stop ground -disturbing activities in order to assess any discoveries in the field. Tribal monitoring may be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits. A qualified archaeologist will be retained to evaluate and appropriately treat any potentially significant discoveries. MM -CR -4: In the event that paleontological resources (fossil remains) are exposed during construction activities for the proposed project, all construction work occurring within 50 feet of the find shall immediately stop until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology's 2010 guidelines, can assess the nature and importance of the find. Depending on the significance of the find, the paleontologist may record the find and allow work to continue or recommend salvage and recovery of the resource. All recommendations will be made in accordance with the Society of Vertebrate Paleontology's 2010 guidelines, and shall be subject to review and approval by the City of Downey. Work in the area of the find may only resume upon approval of a qualified paleontologist. MM-HAZA: A Site Mitigation Plan (SMP) shall be developed and implemented during all construction activities. The SMP would also include a hazardous substance management, handling, storage, disposal, and emergency response plan that establishes procedures for managing any hazardous substance releases on the project site. Hazardous materials spill kits would be maintained on site to effectively manage and clean any small accidental spills. In addition, the SMP would include strategies for identification and management of contaminated soil, if encountered during project development, and would outline mitigation measures if development activities result in an accidental release of contaminants. A project -specific Health and Safety Plan shall be prepared in accordance with the Occupational Safety and Health Administration standards, included in the SMP, and implemented during all construction -related activities. Copies of the SMP and Health and Safety Plan shall be maintained on site during demolition, excavation, and construction of the proposed project. All workers on the project site should be familiar with these documents. MM-HAZ-2: Prior to construction of the proposed hotel, the applicant would be required to contact the Los Angeles County Department of Public Works (LACDPW) Environmental Programs Division to inform them of the reuse of the project site. The applicant would be required to implement mitigation required by LACDPW. MM -NOISE -1: In order to reduce impacts related to heavy construction equipment moving and operating on site during project construction, grading, demolition, and paving prior to issuance of grading permits, the applicant shall ensure that the following procedures are followed: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. • Construction noise reduction methods, such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and occupied sensitive receptor areas, and using electric air compressors and similar power tools rather than diesel equipment, shall be used where 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 9 r' i f Resolution No. 17-3017 Downey Planning Commission feasible. • During construction, stationary construction equipment shall be placed so noise is directed away from or shielded from sensitive noise receptors where feasible. • During construction, stockpiling and vehicle staging areas shall be located as far as practicable from noise -sensitive receptors. Construction shall be restricted to weekdays between the hours of 7:00 a.m. and 7:00 p.m. and Saturdays between the hours of 8:00 a.m. and 5:00 p.m. No construction shall occur on Sunday. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners and residents to contact the job superintendent. In the event the City receives a complaint, appropriate corrective actions shall be implemented, and a report of the action shall be provided to the reporting party. MM -NOISE -2: In order to reduce impacts related to deliveries, the applicant shall ensure that the following procedures are followed: • The applicant would be required to build and maintain a seven -foot masonry wall above finished grade on the southwest side of the project site. • Signage shall be posted in the delivery area requiring that delivery trucks limit idling to 5 minutes or less; requesting that back up alarms be turned off, if possible; and requesting that truck drivers be courteous to neighbors. MM -NOISE -3: The hotel guest room units along the southwest -facing wall will require sound -rated windows to reduce noise associated with the Union Pacific Railroad tracks. An interior noise analysis will be required for these hotel guest rooms prior to issuance of building permits. MM -TR -1: The project applicant shall contribute its fair share (estimated at 13.33°/x) or appropriate share toward the improvement of the intersection of Lakewood Boulevard at Firestone Boulevard. The identified improvement is to add second left - turn lanes on the northbound and southbound approaches of Lakewood Boulevard. BUILDING 32. All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 33. 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 34. The Applicant shall obtain the required Alcohol Beverage Control permit and shall comply with all Alcohol Beverage License requirements. 35. Pursuant to Article VI, Chapters 4 and 5 of the Downey Municipal Code, the owner/applicant shall obtain an "entertainment permit" from the Downey Police Chief 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 10 Resolution No. 17-3017 Downey Planning Commission prior to providing any entertainment at the subject property/premises, and shall adhere to all conditions imposed thereon. The conditions of the owner/applicant's entertainment permit shall constitute conditions of this conditional use permit. 36. The owner shall prohibit loitering in the parking area and outside the restaurant frontage, and shall control noisy guests and visitors leaving the hotel. 37. Prior to the issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, the operator shall submit a plan for the approval by the Downey Police Chief regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the City Planner. The operator shall provide the City with an annual report regarding compliance with this condition. 38. The applicant shall submit a security to plan to the Chief of Police for review and approval prior to the issuance of a Certificate of Occupancy. FIRE 39. The Applicant shall provide automatic fire sprinkler system in accordance with DMC 3317, CFD 2013, and NFPA 13. 1 a. Fire department stand pipe connections shall be provided at each floor level within stairwell #1 and #2. 1 b. Fire department stand pipe connection(s) shall be provided at roof access near stairwell #1 & #2. 40. The applicant shall provide a full fire alarm system in accordance with DMC 3316, CFC 2013, and NFPA 72. A Total Smoke detection shall be installed below all finished ceilings and in accordance with recognized standards and manufacturers specifications. 41. Private "on-site" fire hydrants shall be provided and maintained in accordance with DMC 3610, CFC 2013, and NFPA 24. 42. An additional public and private fire hydrant shall be provided on-site and at Firestone Boulevard frontage. 43. EMS compliant elevators shall be provided in accordance with DMC 3326. 44. The applicant shall install approved Fire Department premises (address) identification (if not already in place and meeting current code) [CA Fire Code 505] 45. The applicant shall install addressing -address numbers shall be visible from the street and a minimum of 6 inches in height. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 11 Resolution No. 17-3017 Downey Planning Commission 46. Portable fire extinguishers shall be provided in accordance with (CFC 2013 -Section 3104.12) 47. The applicant shall install approved Fire Department access — Knox Box [CA Fire Code 506]. 48. 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 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. 49. Additional required fire code requirements may be required at time of plan review and/or field inspection. 50. Food preparation that creates grease vapors shall provide with a fixed extinguishing system. The installed fixed extinguishing system shall be connected to the fire alarm system. 51. All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. PUBLIC WORKS 52. 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. 53. The owner / applicant shall be responsible for any improvements required to mitigate traffic impacts created by the project as identified by the Traffic study and /or financially contribute the cost of capital improvement(s), not considered part of the frontage of the project site, necessary to offset all or a portion of the project traffic impacts. Property owner shall reimburse City for the cost associated with fire and potable service laterals, gas service and recycled water service meter and lateral stub- out. 54. Construct the following roadway improvements: a) Upgrading traffic signals/provide fair share contribution 55. All on-site public utilities shall be installed underground. 56. The owner/applicant shall provide and use recycled water for all landscape irrigation - 9062 -66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 12 Resolution No. 17-3017 Downey Planning Commission 57. The facility must provide for recycling facilities, i.e., storage and handling areas for recycling facilities. Trash enclosure shall include floor drain connection to grease interceptor and water hose bib connection for maintenance. 58. Complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 59. Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction and City of Downey standards. 60. The applicant shall obtain permits from Public Works Department for all public improvements within the public right of way. 61 The applicant shall 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. 62. The applicant shall submit public improvement plan(s) for review and approval by Public Works Department. 63. 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. 64. The applicant shall construct onsite pavement, consisting of a minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt concrete pavement. 65. The applicant shall comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify and append Public Works standard "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). Storm Water Pollution Prevention Plan (SWPPP) shall be required for the site. 66 The applicant shall remove all construction graffiti created as part of this project within the public -right-of-way in a timely manner. a. The owner/applicant shall install a sewer main and sewer lateral (to the front property line) for each lot in the subdivision, 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. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 13 Resolution No. 17-3017 Downey Planning Commission b. The owner/applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility or organization (private or public), except to the City of Downey prior to recordation of the Lot Merger. The owner/applicant shall grant easements in the name of the City shall include: • Vehicular easements • Walkway easements • Drainage easements • Utility easements 67. The owner/applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Public Health requirements. 68. The owner/applicant shall connect to existing lateral and furnish and install new 3 -inch potable water meter and vault. 69. The owner/applicant shall connect to existing lateral and furnish and install new fire service, backflow devices, fire department connections, and other appurtenances as required by the Department of Public Works and the Downey Fire Department. 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. 70. 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. 71. 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. 72. 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). 73. 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. 74. 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. 75. 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 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 14 Resolution No. 17-3017 Downey Planning Commission 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 system data updates and maintenance. 76. 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. 9062-66 Firestone Boulevard — PLN -16-00175 February 15, 2017 - Page 15