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HomeMy WebLinkAboutPC Resolution 17-3019RESOLUTION NO. 17-3019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW (PLN-16-00236),THEREBY ALLOWING THE CONSTRUCTION OF A 3,750 SQUARE FOOT MEDICAL OFFICE BUILDING ON PROPERTY LOCATED AT 8028 THIRD STREET, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN — DOWNTOWN RESIDENTIAL DISTRICT). 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 September 27, 2016, the applicant submitted a land use permit application to the Planning Division for the proposed 3,750 medical office building; and B. On October 26, 2016, staff sent out an incomplete letter to the applicant regarding additional comments and corrections that needed to be addressed at this stage to deem the applications complete. One of those corrections required an Architectural Peer Review by Gwynne Pugh Urban Studio. On March 8, 2017 the applicant submitted revised plans; however, the site plan was slightly modified and staff deemed the application incomplete in order to allow the applicant to address the outstanding issue; and C. On March 30, 2017 the application submitted the revised plans and on April 5, 2017, the application was deemed complete; and D. On April 6, 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; and E. The Planning Commission held a duly noticed public hearing on April 19, 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 is zoned Downtown Downey Specific Plan — Downtown Residential District, which encourages different types of office developments. The project further supports the goals and policies of the DDSP by proposing a medical office building that Resolution No. 17-3019 Downey Planning Commission helps maintain a balance of land uses (Policy 1.1.1.).The development of the site for a medical office building complies with Policy 1.1.3. by generating new business opportunities in the area. In addition, development of the 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. Furthermore, small medical offices, such as the one proposed, can be considered a supportive use for surrounding residential developments, which is encouraged by the Downtown Residential District. As proposed the project complies with and/or exceeds the development standards of the DDSP. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. The project site is located within the Downtown Downey Specific Plan — Downtown Residential District, which permits the development of medical offices and the development of the site through the Site Plan Review process. In accordance with Article IX of the City's Municipal Code, the applicant has applied for a site plan review application to make sure the project complies with the DDSP development standards. The project as proposed complies with the development standards of the DDSP — Downtown Residential District. Furthermore, small medical offices, such as the one proposed, can be considered a supportive use for surrounding residential developments, which is encouraged by the Downtown Residential District. 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 development of a 3,750 square foot medical office building fits in harmoniously with the existing character of the neighborhood, and will enhance the character and design of the site. The architecture of the medical office building is a simplistic, modern design, which includes rectilinear elements found in Modern architecture. The landscape palette consists of drought tolerant planting materials that are well placed throughout the site, provide shaded parking areas, add color to the site, and which contrast with the primary grey and white building colors. Additionally, the proposed crape myrtles proposed in the parking lot will match the trees found on the adjacent Myrtle Plaza commercial development. Together, the architecture and landscaping designs create a pleasing aesthetic effect that will benefit the surrounding community. 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 landscaping around the front building fagade creates a nice transitional buffer between the front property line and the front of the building. The pedestrian entrance to the building also includes decorative stamped concrete. The use of a shared driveway to the west reduces the number of interruptions along the sidewalk, and in combination with the proximity of the building to 8028 3i0 Street — PLN -16-00236 April 19, 2017 - Page 2 Resolution No. 17-3019 Downey Planning Commission the front property line, creates a more pedestrian friendly design and contributes to a more desirable, walkable downtown. 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 include a modern architectural design, which can be found on some of the newer non-residential developments in the immediate area, such as the adjacent Myrtle Plaza development and the private elementary school across the street. As proposed, the building will improve the community appearance by eliminating a vacant site, and will enhance the existing neighborhood by providing a pedestrian oriented design. Development of the site will also place parking lot to the rear of the development, taking advantage of the existing driveway on Myrtle Plaza thereby reducing the visual breaks along the public right-of-way. The proposed development of the site will complement the adjacent commercial development by blending both the modern architectural theme of the building and the landscape design to those found on Myrtle Plaza 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 will eliminate a current vacant site and enhance the surrounding neighborhood by providing a well-designed, pedestrian oriented building design and takes advantage of the adjacent driveway, thus reducing the number of driveways off 3rd Street. This project further supports the City's General Plan mission of achieving a safe community for all residents to enjoy by eliminating a vacant site which are known to include a proliferation of weeds and debris, and development of the site which will add to the balance of commercial mixes in the area, while at the same time generating employment opportunities in the City of Downey. 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- 00038), 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. 8028 3d Street — PLN -16-00236 April 19, 2017 - Page 3 Resolution No. 17-3019 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19'h day of April, 2017. ttyRodriguez, Ch man 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 199h day of April, 2017, by the following vote, to wit: AYES: COMMISSIONERS: Rodriguez, Owens and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Dominguez ABSTAIN: COMMISSIONERS: Flores 4,A� Mary Cav nagh, Secretary City Planning Commission 8028 3d Street — PLN -16-00236 April 19, 2017 - Page 4 Resolution No. 17-3019 Downey Planning Commission EXHIBIT A - CONDITIONS SITE PLAN REVIEW (PLN -16-00236) PLANNING 1. The approval of this Site Plan Review (PLN -16-00236) allows for the construction of a 3,750 square foot medical office building, which also includes all parking areas, landscaping and accessary structures contained therein. 2. Site Plan Review (PLN -16-00236) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3. The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 4. The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5. Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of these hours. 6. All exterior lights 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 light poles shall be rectangular in shape and painted to match the existing light poles found on the Myrtle Plaza development located at 11019 Myrtle Street. Two decorative, LED lighting fixtures shall be installed on the front elevation to match the lighting fixtures on the other elevations of the building. 7. The approved architectural style shall be as noted in the approved plans. 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. 8028 3`° Street — PLN -16-00236 April 19, 2017 - Page 5 Resolution No. 17-3019 Downey Planning Commission 10. The use and/or installation of dry wells are prohibited. The infiltration system to be used to meet the Low Impact Development requirements shall be approved by the City Planner and the Director of Public Works. 11. Roof mounted equipment shall be architecturally screened. 12. The tinting of windows or mirror glazing shall be prohibited. This shall not prohibit the use of curtains, blinds or other types of interior screening to provide privacy into examination rooms. 13. 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. 14. 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. 15. All above grade back-flow preventers, check valves, and transformers shall be painted green and screened from view from the public right-of-way. 16. All project entries, driveways, and parking areas shall have an enhanced paving (pavers or stamped color concrete). The City Planner shall review and approval final enhanced paving prior to installation. 17. No above ground transformer shall be located within the front yard. The final transformer location shall be approved by the City Planner prior to installation. 18. Prior to the issuance of building permits, the applicant shall record a shared access, parking and trash and recycling facility agreement with the property owner of Myrtle Plaza, located at 11019 Myrtle Street prior to the issuance of building permits. 19. The applicant shall obtain approval of a lot line adjustment application prior to the issuance of building permits. BUILDING 20. All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 21. 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 medical office building. FIRE 22. All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. 23. An automatic fire sprinkler system shall be installed. All fire protection systems shall require City of Downey Building and Safety or Fire Department permits. 8028 3rd Street — PLN -16-00236 April 19, 2017 - Page 6 Resolution No. 17-3019 Downey Planning Commission 24. Installation of approved Automatic Fire Extinguishing System shall be installed in accordance with nationally recognized standards. 25. The applicant shall comply with DMC §3610 Hydrant Placement - The City of Downey requires that a fire hydrant be placed within one hundred fifty feet (150') of a Fire Department Connection (FDC). 26. Prior to Building Department plan check submittal, the applicant shall provide specific detail regarding the type of medical uses that will be occupying the facility. Additional code requirements may be required based on actual occupant usage. 27. The applicant shall comply with California Fire Code Section 506.1 — Key Boxes, and shall provide a Fire Department approved key box (Knox® Rapid Entry System). PUBLIC WORKS 28. 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. 29. The owner/applicant shall install all on-site utilities underground. 30. The applicant shall provide recycling facilities, i.e., storage and handling areas for recycling facilities. Show refuse/recycle enclosure specifications (location, size). The applicant shall record a shared trash and recycling facility agreement with the adjacent parcel located at 11019 Myrtle Street. 31. The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 32. Obtain permits from Public Works Department for all public improvements within the public right of way. 33. Prior to obtaining permits, the applicant shall submit public improvement plan(s) for review and approval by Public Works Department. 34. The applicant shall install two, 24 -inch box, podocarpus gracilor (Fern Pine) tree, within tree wells, within the public right-of-way in front of the subject site. This requirement includes the replacement of the existing public right-of-way tree. 35. The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) of the Federal Clean Water Act; the General Resources Control Board; 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 to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP); and is required to certify and append Public Works standard "Attachment A - Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 8028 3'd Street — PLN -16-00236 April 19, 2017 - Page 7 Resolution No. 17-3019 Downey Planning Commission 36. The owner/applicant shall construct/install curb, gutter, sidewalk, disabled ramps, portland cement concrete driveway approach, two (24 -inch box with 2 -inch diameter trunk) street trees, and pavement along property frontage to the standards of the Department of Public Works. Broken, uneven, or sub -standard curb, gutter, sidewalk, driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the Public Works Department. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to initiating a grading plan. The owner/applicant shall obtain all necessary plan approvals and permits and 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. 37. All driveway approaches shall be as wide as the driveway or parking aisle they serve. All unused driveways shall be removed and reconstructed with full -height curb, gutter and sidewalk. 38. The owner/applicant shall install pavement, which consists of a minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt concrete pavement, or equivalent. 39. The owner/applicant shall submit a recorded mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images of final map on a portable media for city's GIS system data updates and maintenance. 40. Prior to the final approval of Building permits, the applicant shall remove all construction graffiti created as part of this project within the public -right-of-way. 41. 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. 42. The owner/applicant shall furnish and install new dedicated potable water service line, meter, and meter box. 43. 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. 44. The owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. 45. The owner/applicant shall furnish and install one fire hydrant along Third Street 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. If it is determined that a new fire hydrant is not required, the applicant may be required to replace or retrofit existing fire hydrants and laterals, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible 8028 3"J Street — PLN -16-00236 April 19, 2017 - Page 8 Resolution No. 17-3019 Downey Planning Commission for emergency and inspection purposes. Backflow devices shall be screened from street view by providing sufficient landscaping to hide it. 46. 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. 47. 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). 48. 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. 49. 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. 50. 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 standards to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 51. 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. 8028 3d Street — PLN -16-00236 April 19, 2017 - Page 9 _ 4 _ 4 ... r _ S .'r � ...